Filing A Car Accident Lawsuit If Both Parties Have Insurance: Does It Make Any Sense?

November 30, 2018
On behalf of The Law Offices of Howard Craig Kornberg Posted in Car Accident

So yeah, the title says it all. Does it make any sense to file a lawsuit against a person who caused your injury if both parties have insurance in California?

You may be surprised how many victims of car accidents choose not to file a lawsuit against the other party just because both parties are insured. But why? “After all, just because the other party carries insurance it does not necessarily mean that you will be fairly compensated for your injuries and damages, or even compensated at all,” says our car accident lawyer in Los Angeles CA at Law Offices of Howard Craig Kornberg.

Filing a lawsuit equals getting maximum compensation

Do keep in mind that your personal injury claim could be denied by the insurer at any second. Even if it is not denied, insurance companies have a reputation for paying out as little as possible. Please, do not forget that insurance companies are a “business” (no matter what they call themselves), and they make money by devaluing and denying claims.

If you think there is no point in filing a lawsuit if both drivers have insurance, think again. This is a wrong approach if one of the drivers was clearly at-fault, while the other driver wants to be compensated for his or her damages and losses in the accident.

By filing a lawsuit against the other driver, you can ensure that you are getting the amount of money that you truly deserve because you will be working with an experienced car accident attorney in Los Angeles or elsewhere in California, who, for his/her part, will determine the full value of your damages.

Do not rush into accepting settlement offers from insurers

Many of those who think there is no point in filing a lawsuit when both parties have insurance often jump into accepting the first settlement offer offered by their or the other party’s insurance company.

Unless you have assessed the full value of your damages with the help of a skilled personal injury lawyer, do not rush into accepting just any settlement offer, because more often than not, these offers are low-ball settlement offers that do not represent the full value of your damages.

Also, let’s not forget that by accepting a settlement offer from insurance companies, you are giving up your right to file a lawsuit over this particular car accident.

Typically, a lawyer is required to conduct a comprehensive analysis of all facts in your particular case in order to determine the full value of your damages. An insurance company is not interested in providing you with the maximum settlement offer, which is why you should not make any premature and ill-considered decisions when accepting any offers from insurance companies after a car accident in California.

Even if both parties have insurance, filing a lawsuit might still be the best option

To conclude, just because both parties have insurance it does not necessarily mean that you will be compensated fairly after a car crash in Los Angeles or elsewhere in California. Therefore, if the other party refuses to admit his or her fault or you can receive a larger compensation through a lawsuit, do not rule out the possibility of suing the other party.

In any case, it is highly advised to speak to a Los Angeles car accident attorney and find out your best course of legal action to recover the maximum amount of damages in your particular case. Contact the Law Office of Howard Craig Kornberg to get a free consultation. Call 310-997-0904.


Tags: , , , ,