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this all depends on what the suit is.........I'll assume that you are sueing for damages to your vehicle and an injury from the accident.....you SUE the person responsible, if you gain a judgment and there is insurance coverage the insurance company will be bound by the judgment to pay........(they will also be providing their insured with an attorney......) they cannot mention in the trail that there is insurance involved....

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โˆ™ 2011-09-13 20:02:13
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Q: Who pays in a civil suit the insured out of pocket or the insurance company?
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Related questions

When does homeowner insurance cover attorney fees in a civil suit?

In the defense of the Insured.


If someone without insurance is found at fault when they hit an insured driver how do you get payment?

You can do a couple of things. First, you can file a civil lawsuit against them. Sometimes you will get your money and sometimes you wont. Another thing you can do is check your policy or call your insurance company and see if you have uninsured coverage. If you do, you can get your own insurance to cover the damages.


Will he get to pay for my pain and suffering if he doesn't have insurance?

Since he was not insured, you have to sue that person in civil court and obtain a judgment, which you need to enforce afterwards.


How can license be taken for damages owed to an insurance company?

In most countries a driving licence could not be taken as payment or punishment for damages owed to an insurance company as that you be a civil matter.


What happens when you are sued in civil court for your neighbor being injured on your property?

You call your insurance company


If a rented car is stolen and insurance pays but then the car is recovered what happens to the car?

The finder is obligated under civil and criminal law to notify the Police and the Owner of the vehicles recovery and location so they can come pick it up. Since the the Insurance Company already paid for it. It belongs to the Insurance Company. If the Rental company wants it back, They will have to try and buy it from the Insurance Company. All salvage rights would belong to the Insurance Company because they have already bought and paid for the car. It would now belong to the Insurance Company. If the Rental Car company tried to keep the vehicle without first negotiating a purchase or buy back from the Insurance company it would be considered Grand Theft. They would be subject to criminal and civil charges.


What is recourse for homeowner whose insurance company paid contractor in full and contractor refuses to complete the job as agreed to with the insurance company?

Your contract with the tradesman is between "You and the Contractor", He did not contract with your insurance company. All the insurance company did is agree to pay the bill for you. So you would need to bring your own civil or criminal action against your contractor depending on the circumstances.


What happens if you have no insurance and you hit someone with insurance?

Whether you are insured or not, the most important thing in your accident is who is determined to be at fault. If you are at fault you (or your insurance company) will be required to pay for any property damages or medical expenses incurred in an accident. The same would be true for the other person if they were found to be at fault. That is the "civil law" side of things. If you have no insurance and you are driving, you are breaking some pretty serious criminal laws, so legally you could be in a lot of trouble.


What recourse do I have if the at fault driver will not contact his insurance company about the accident?

If this happened to me, I would find out what my insurance company can do and from there contact the police or file a civil or small claims suit. None, if the accident wasn't reported to the police.


If an underage driver steals a vechile is the owner responsible?

Not necessarily unless the 'owner' is also the parent of the underage driver. If not, assuming the car was insured, the insurance company may deny the claim. If the vehicle was not insured, then it becomes a civil matter where the owner of the vehicle may be sued by the accident victim and may be found responsible for not having had the vehicle insured if it is the law in your state. If this is the case, and you are not related to the young driver who stole your vehicle, then you have a civil case against that minor's parents and they would in turn be liable and responsible for any damages you may have been made responsible for.


Can someone make a civil claim against you after a traffic accident even though they have been paid out by insurance company and does insurance company cover these costs?

If your policy limits were exhausted or all used up then they can. If not, refer them to your insurer.


What is the first step if you receive a civil summons as a result of an auto accident?

Notify your insurance company as soon as possible and get a lawyer.


What was Jefferson Davis's job after the Civil War?

He sold insurance for a company based in Memphis, ans he wrote a series of memoirs.


Example of a criminal and a civil action?

The trial of a criminal offense such as an Armed Robbery is a criminal action. If you sue someone's insurance company for damage's to your vehicle, that is an example of a civil action.


What if someone totals your car and they have no insurance?

You need to ask them to compensate you directly out of their own pocket. If they don't you may have to take them to a civil court and have an order put against them to pay your damages.


If you rearend someone when the roads are wet who does not have a license or insurance who is at fault?

If you rearend someone, regardless of road conditions or the other drivers disposition on a drivers lic or insurance, you are still responsible. Not having a license or insurance is a civil matter, not involving insurance company.


What happens when you get in a wreck with no insurance but its not your fault?

In the UK, if you are involved in a Road Traffic Accident that is not your fault but you are not insured for third party, the law assumes you are at fault and you may face civil action from the injured party. You may also face criminal charges for driving without insurance.


When insurance pays for a stolen rental car and the car was found who now owns the car?

All salvage rights would belong to the Insurance Company because they have already bought and paid for the car. It would now belong to the Insurance Company. If the Rental Car company tried to keep the vehicle without first negotiating a purchase or buy back from the Insurance company it would be considered Grand Theft. They would be subject to criminal and civil charges.


What does directors and officers insurance cover?

Directors and officers insurance covers the actual or alleged errors, omissions, or neglect of the officer or director of a company or organization. The insurance kicks in and covers liabilities when proceedings are brought whether criminal, civil, or regulatory.


Is a civil suit turned over to a homeowners insurance company for investigation considered a lien?

No. but it could lead to a lien being filed later if you are found liable and you don't have coverage under your home insurance policy.


Is life insurance concered in a wrongful death civil lawsuite?

You seem to be asking whether the payment of life insurance proceeds is triggered by death resulting from an occurrence that is the basis of a wrongful death suit. If that is your question, the broad answer is yes. Unless excluded or limited by the exclusions or limitations of the policy (which is a contract between the insurer and the insured), the actions of a third party that results in the death of the insured are largely irrelevant. Among the exceptions to this might be, for example, if the third party, at the request of the insured, participated in causing the insured's death. If this occurred during the period of contestibility of the policy (often, 2 years from the date of policy issuance), the participating party may be prosecuted (criminally) or sued (in civil court) for wrongful death, and policy benefits may be denied the beneficiaries due to the suicide.


You have pl pd insurance a passenger in my car wants to sue me can they?

They would have to file a claim with the insurance company for any damages or injury. However, they cannot ask for money to reimburse them for punitive damages--that would be a civil case.


What disadvantages of self insurance?

Insurance in general is the protection of financial loss. If you are self-insured you might be sued for more than the actual loss. You may be taken to civil court for more than physical damages. If you do go to court the cost of you lawyer is a problem. Insurance companies have figured this into the premiums and they have lawyers that already are familiar with the problems of insurance suits.I am not a lawyer but just a consumer. So, please continue your search.


Can you file a civil suite after an insurance claim is paid?

NO


My car was stolen and destroyed how do I get damages paid by the thief?

You need to file a Civil claim against him for damages to your property. Consult a lawyer Your insurance company should be doing that for you.