You Want Me to Sue Who?!?

Drivers are not the only ones injured in car accident. Passengers are injured in car accidents, too, and, as a passenger, sometimes it is necessary to make a claim, and maybe even file a lawsuit, against the driver of the vehicle you were in. The driver is very often someone that you know; maybe even a friend or family member. I have had many people express discomfort with the idea of suing a spouse, child, friend, etc., and I can’t say I am surprised. As people, we tend to take things personally, and we don’t want to do something that might cause someone we know and care about stress or anxiety. INSURANCE COMPANIES KNOW THIS AND WILL USE IT AGAINST YOU. They recognize that people don’t really want to do what is necessary to make the insurance company pay (hire an attorney, file a lawsuit, ask for more money, etc.) if the claim is against someone they know. Then, instead of fairly settling the claim in an efficient manner, they drag it out and they make low offers, fully expecting you to settle your claim (or even walk away from it) for far less than it is worth. DO NOT LET INSURANCE COMPANIES TAKE ADVANTAGE OF YOU AND YOUR LOVED ONES. If you take a look at what you are actually doing when you are making a claim, or filing a lawsuit, your discomfort with pursuing the claim will fade.

People pay for insurance for the following reason: to protect themselves. If you cause an accident, your insurance company should compensate the injured parties for their losses, protecting you from being personally liable for the damages. When an injured person makes a claim with an insurance company, he is simply asking the insurance company to do what it was paid to do-protect the insured by compensating the injured. If, after the negotiations, the insurance company is still unwilling to make a reasonable offer to settle the claim, you are left with two choices: take the amount offered or file a lawsuit. Again, the idea of suing a friend or family member can be unsettling. Like making a claim with the insurance company, however, filing a lawsuit is done with the intent of getting the insurance company to take your case seriously and offer a reasonable amount to settle it. The purpose is NOT to harass the person you are suing or to take them for every penny they have.

So, when you are in your attorney’s office and he says, “You need to sue your brother,” relax and remember that while you are suing your brother in name, it is the insurance company you are really dealing with.