Because of my role helping people who are making auto injury claims against insurance companies, I am sometimes asked questions by drivers who have caused a collision. Their questions usually fall into two categories: First, if they feel they were not at fault for the collision, how do they fight the claim? Second, even if they did cause the collision, how do they make sure the injured person is not paid too much for what happened to her?
The long answer to either of these questions will depend on the facts of the case, of course. But, the short answer is that their insurance company will take care of those issues for them. This reminds me that there are two major benefits of having a good auto insurance policy: First, the auto policy will pay the claim—that is the duty to “indemnify” you for any losses (up to the limit of the policy); Second, the auto policy will process the claim or defend the lawsuit—that is the duty to “defend.”
We usually just think that the benefit of having auto insurance is to pay a claim against us if we cause a loss. That is important, but it does not really address the second value—that of having an organization processing the claim and defending against it, if necessary. Can you imagine what it would cost you to hire a lawyer to establish that you (or your insurance company) should not have to pay, or shouldn’t pay as much as is being demanded? Fortunately, this is a major benefit built into your insurance policy—your company will provide a defense attorney to defend you in the litigation process if the claim does not settle. Yes, those are the lawyers I face off against as a personal injury lawyer, and I don’t mind telling you that they are, generally, very good lawyers. That is really a huge plus of having insurance—one that may not generally cross our mind. If you have any other questions, please feel free to contact Attorney Kevin Fine with Davis Miles McGuire Gardner at (480) 733-6800 or via email firstname.lastname@example.org.