How does the insurance process work

UPDATED: Sep 30, 2022

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How does the insurance process work

I have a case currently pending.
The insurance company of the person who hit me only has a certain amount to pay out per person.
I was advised to make a claim for the remaining amount through my insurance company is this correct? Or should we be going after the person who hit me and their assets?

Asked on November 16, 2016 under Insurance Law, Connecticut


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You can do both or either: if you have the appropriate insurance, you can submit a claim against it, which is the fastest and easiest way to get compensation, subject to your deductible (though your rates may then go up); or you can sue the other driver if he or she was "at fault" (e.g. driving carelessly or negligently) in causing the accident (only at fault drivers are liable, or have to pay) for any costs or losses you suffered which were not paid by one or another insurance company (including, for example, your deductible, if you claim under your own policy). Suing, however, will not help you if the person you sue does not have the money or other assets to pay any judgments against him or her--i.e. if he or she is broke, or has some many people suing for so much, that he or she can't pay them all.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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