Who Should Be Target of Lawsuit That Was Initiated by Victim of Accident?

The victim has some options available, in order to get compensated for any losses.

Simplest method for obtaining compensation, if accident did not take place in a no-fault state

• File a claim with the other party’s insurance agency
• Compose a demand letter and send it to the adjuster at the same agency
• Work with the adjuster to negotiate a settlement

Possible complications, when using that simple method

The adjuster questions some of the information in the demand letter, or seeks more detailed information. In that case, the claimant-lawyer team would need to verify the provided information, or supply the adjuster with the requested details. Only then would the adjuster produce an initial bid, so that negotiations could commence.

The insurer is not willing to provide the claimant/victim with the amount of money requested. Furthermore, the negotiations do not result in agreement on a settlement figure. Questions have arisen with respect to who was at fault:

—Does state adhere to principle of comparative negligence? If so, an appropriate amount of money might be deducted from the funds for the injured victim.
—Does the state adhere to the principle of contributory negligence? If so, that any proof that the plaintiff had helped to cause the accident would result in denial of any compensation to that same plaintiff.

The adjuster has said that he or she must speak with a superior, before agreeing to accept an offer from the claimant. In this case, the claimant/victim should seek to know the date when a response from the superior could be expected.

If a resolution of the dispute were to prove impossible, then the claimant/victim would need to sue the other driver. If the accident had taken place in a no-fault state, then that action would only be possible if the value for all of the injuries had exceeded a given figure. In most states, the victim of an accident does not have the right to sue the insurance company, as per personal injury lawyer in Los Banos.

What actions could be taken if the allegedly responsible driver had failed to purchase a car insurance policy?

Any motorists that have been hit by an uninsured driver would have the right to go after the same driver’s assets. Anyone that has been hit by an uninsured driver could seek compensation by using an uninsured motorist option, if the same individual had already paid for such an option, which should then get added to an existing insurance policy.

What happens in states where drivers must carry a no-fault policy?

In such states the insured driver of a damaged vehicle must seek compensation from his or her own insurance company. The same company must also cover medical costs.

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