Idaho Law Blog
Even when it is crystal clear that it was the other guy’s fault, most of the time, his auto liability insurance won’t voluntarily pay your bills. That is because his liability insurance doesn’t insure you for your injuries or property damage. It insures him for any amounts (up to policy limits) he is legally obligated to pay as a result of his negligent operation of his vehicle. You may think it was his fault, and he may even agree with you, but until his actual fault, and the amount of your damages, are legally established, his insurance company technically does not have to pay.
Most cases involving auto liability insurance get resolved without going all the way to trial. They frequently get settled without even a suit being filed. When that happens, though, it is because the injured party made a compelling case to the insurer why the other guy was at fault, and what the damages are. That is the job of your lawyer: to make the case for you so that you are reasonably compensated for your damages.
A personal injury lawyer will usually take a case like this on a contingency fee basis, which means the lawyer’s fee is an agreed-on percentage of any money that is recovered for the client. An injured person is more likely to recover, and to recover greater amounts, if represented by a good personal injury attorney.
If you are having trouble getting an insurance company to pay your expenses, please give us a call. The consultation is always free.