When you sue someone at fault in a car accident, who pays?

Question

Does the guilty party's insurance company pay or does the individual pay out of pocket?

Answer 1

the persons insurance pays upto a certain amount and then the person themselves has to pay the rest.

Answer 2

Could be both.  The maximum that insurance pays is the limit of the policy, and if the injured party is awarded an amount higher than the insurance limit then the guilty party has to find a way to pay.  Selling possessions, draining bank accounts, garnishing wages, etc.  Don't skimp in your liability limits people!  PS, nice mullet.

Answer 3

Depends... you may not win. Their insurance company will defend them even if you sue the individual so you better be d**n sure you want to go down this road. Insurers will fight like tigers if they feel they are in the right and have made a fair settlement offer.

Answer 4

This is a no-brainer. Thanks for the easy question. You sue the person's auto insurance carrier. And if the amount that you sue for doesn't cover all expenses, then the driver at fault is liable. People can lose their homes over bad accidents. And if the driver was a minor, the parents are still liable. Most accidents are settled with the insurance carrier, but if that is not enough or does not meet all the needs, desires, or bills of the injured, then it falls on the driver at fault.

Example: The driver at fault's insurance carrier has them insured for $30000 for personal injury. You stay in the hospital for six months and miss work and have pain and suffering. That $30000 aien't gonna cover it. So you sue them.