Sometimes it is not the other drivers in a car accident you have to worry about. Sometimes it is the insurance companies who refuse to pay up. If you have recently been in a car accident and the other driver has done everything possible to cooperate, but their insurance company refuses to settle, you will need an auto accident attorney to intervene. Here is how this process typically goes.
You Hire the Lawyer, the Lawyer Makes Contact with the Insurance Company
You hire an attorney. The attorney takes the information you have in regards to the other person's insurance company. Then the lawyer either calls or sends an official legal letter to the insurance company letting them know that you (the client) are pursuing legal action against the insurance company. Insurance companies do not like being sued because it costs them a lot of money to defend their position. They would much rather pay out than proceed with a lawsuit. Usually after the lawyer gets off the first or second phone call to an insurance company claims adjuster, they have already settled. However, you might be facing a company that is a little more stubborn.
The Insurance Company Still Will Not Budge, So You File Court Documents and Serve Them
If you are facing an insurance company that refuses to pay, even after your lawyer has contacted them to know what is happening, you may have to file your lawsuit in court. Essentially what you have here is an insurance company that is either assuming that you are bluffing and thinks they will call your bluff, or you have an insurance company that thinks it is right and you are wrong. Either way, your lawyer will continue to pursue the lawsuit by filing the necessary documents, and then serving said documents to the insurance company. When they know you are not bluffing, they may be willing to settle.
The Lawsuit Is Settled
Almost all cases of this sort are settled out of court. It is very rare for an insurance company to hang on for dear life and walk through the court process in front of a judge. On the other hand, if the lawsuit filed in court and the serving of court papers does not get them to acquiesce, they may just go all the way through the courts. Your lawyer will let you know how to prepare for this.Share