Auto Accidents: If I'm Hurt, but Don't want to File a Lawsuit, What Do I do?
Posted By Attorney Chris Marzzacco on Feb 10, 2010 8:25am PST
Most people in South Central Pennsylvania who get hurt by other drivers don't want to file a lawsuit against the
person
who hurt them in the incident. This is particularly true where the accident was caused by someone who they know or who lives in their community. In today's world where we read about people who sue over everything--from spilled coffee to lost dry cleaning items--I think this is an admirable approach. However, when injured by someone else in a car accident, you will incur financial losses like car repair bills, medical bills and lost wages. Even if you're not the "suing-type," an experienced auto accident attorney can help you.
Most car accident, trucking accident and motorcycle accident injury cases settle out of court. This usually means that you do not have to file a lawsuit or go to court. In a typical auto accident injury case, your injury lawyer is able to handle the entire matter with the other driver's auto insurance company without any involvement with the actual
person
who hit you. In these cases, your lawyer is able to fight for your rights outside the courtroom by negotiating with the other person's insurance adjuster.
Unfortunately, in some cases, the insurance company for the other person blames you for the accident (even when it's not your fault) or is not willing to make a fair settlement offer to you. In those cases, it is necessary to file a lawsuit. In Pennsylvania accident injury cases, the caption of the action must contain the name of the individual (or business) that caused the accident. When we are forced to file a lawsuit by the insurance company, I always remind my clients that the insured
person
almost never has a say in how the insurance company handles the claim. Although we "name" the person who caused the accident, I remind my clients that it will be the insurance company who calls all the shots during the litigation and it is the insurance company who has to pay legal fees and any verdict returned against the
person
after a trial. Also, if the jury or judge awards an amount over the other person's auto insurance coverage, I remind my clients that they do not have to go after the other person's personal assets, such as their home and retirement accounts.
So, at the end of the day, injured victims are really fighting for their rights against insurance companies, not the individual
person
who caused the accident.
If you or a loved one was injured by another person or business in a Pennsylvania automobile accident--even if you know the
person
who hurt you--call me for a free consultation. I can answer all of your questions and try to give you peace of mind in this difficult time.