It’s not uncommon for people to be injured through no fault of their own in circumstances caused by a friend or family member.
However, that doesn’t mean the injured person shouldn’t pursue claim damages out of fear they’ll be causing financial harm to someone they have a personal relationship with.
Whether it’s a vehicle crash, pedestrian accident, wrongful death, or a dog bite, the injured party may seek damages from the insurance company without making any claims against the friend or family member.
Legal Claim Against Insurance Company
The important factor to understand in these circumstances is that recovery claims can be made against the insurance company only. Specifically, such claims are made against liability insurance that is designed to cover circumstances in which someone is at fault for injuring another person.
The reality is that only the insurance company comes out ahead when choosing not to pursue a claim when someone is injured through the fault of a family member or friend.
In fact, some attorneys may include in the fee agreement with the injured party that the at-fault friend or family member will not be pursued for any claims without written consent of the client. Such agreements can provide peace of mind for all involved.
Payment from Insurer, Not Friend or Family Member
The general process for pursuing these types of claims includes the attorney filing a claim on behalf of the injured individual with all the needed evidence and supporting information of the at-fault individual’s legal responsibility for the injury and compensation that is being sought.
Once the claim is filed, the insurance company can either pay the claim, deny the claim, or offer a settlement. If a claim is denied, the attorney will often seek to negotiate and persuade the insurer to offer a settlement. If a fair deal is not able to be reached, the next step to consider if pursuing a lawsuit and taking the matter to court.
Any payment awarded comes from the insurance company.
Additionally, it’s important to understand these are civil matters that don’t result in anyone having a “criminal record” to their name.
Contact Our Experienced Personal Injury Attorneys
If you’ve been injured through no fault of your own because of an accident caused by a family member or friend, contact a Herrling Clark personal injury attorney today to learn how you can pursue damage claims without seeking recovery from the person with whom you have a personal relationship.
The post Target the Insurance Company, Not Your Friend or Family Member appeared first on Herrling Clark Law Firm.