Those involved in a personal injury accident may have many misconceptions about their case from the outset. Unfortunately, there are numerous myths surrounding this process, making it difficult to decipher what is true and what is just a false expectation. One of the most common misconceptions is that in litigation, the injured party sues the other driver’s insurer. In reality, the other driver will be named as the defendant, but behind the scenes their insurer hires an attorney to represent them and pays claims on their behalf.
Many people also believe that the insurance companies are there to help when an accident occurs – this is not only false but potentially dangerous to injured victims. As a multi-billion dollar industry, no insurance company is truly on your side. While it may seem obvious that the at-fault driver’s insurer doesn’t have your best interest in mind, your own insurer is usually no different.
Oftentimes, where the other driver is uninsured or underinsured, your own insurer may actually pay a lawyer itself to defend the at-fault driver in hopes of not paying an uninsured motorist claim. Lastly, insurance companies have long pushed the idea that frivolous lawsuits keep their costs and premiums high. However, our civil justice system is designed to weed out baseless claims. In fact, our system of justice is rooted in the 7th Amendment to the Constitution, and protecting your rights to a trial by jury is of the utmost importance to Jones & Swanson. We believe that no matter how big or small your case may be, you deserve to be treated fairly.