By David M. Chester Ohio Personal Injury Lawyer
Most people understand that in a lawsuit arising out of a car accident, motorcycle accident, truck accident, defective product or medical malpractice claim in Ohio that the insurance company for the at fault party is the one responsible for paying for the damages caused by their insured.
Even though this is the case, most people are surprised to realize that if a lawsuit is filed, the insurance company for the liable party cannot be directly named in the lawsuit. Instead, the person who was careless in causing the accident and resulting damages is named, not their insurance company.
The insurance company for the insured will then hire an attorney to represent both their interests and the insured's interest throughout the lawsuit.
In the end, it will be the insurance company who pays for the damages whether or not the case goes to trial or is settled prior to. Of course, the insurance company pays up to the amount of coverage bought.
Any additional damages above and beyond the insurance policy limits will be paid by the actual person at fault if they have assets.
Practically speaking this may not make a whole lot of sense, since it is the insurance company who will ultimately be financially responsible for the damages caused by its insured and it is usually the insurance company's failure to offer a fair settlement that results in the lawsuit being filed in the first place.
However, legally, it makes sense since the insurance company did not directly cause the injuries by acting negligent.
However, by filing a lawsuit against the insured you are indirectly suing their insurance company as well since they are required by the contract they have with their insured to pay for the damages caused by their insured and provide legal counsel to them during the litigation process.
This is why it is beneficial for the person being sued to hire their own legal counsel, to pressure their insurance company and their attorney to offer a fair settlement. The fact of the matter is that they, as well as the person who was injured, do not want to go through the inconveniences and endure the expenses that come with the litigation process. However, it is sometimes necessary in order to obtain what is rightfully owed to an Ohio personal injury victim.
Know your rights in a Ohio personal injury case by hiring an experienced Ohio personal injury law firm such as Chester Law Group.