Attorney Ben Schwartz answers a viewer’s question, “I was injured in a car accident in Delaware. Do I sue the at-fault driver or do I sue the at-fault driver’s insurance company?”

Hi, I’m Attorney Ben Schwartz,

Today we are going to answer a viewer question from Bill in the Camden-Wyoming, Delaware area. Bill wrote in and he says, “I was injured in a car accident in Delaware. Do I sue the at-fault driver or do I sue the at-fault driver’s insurance company?”

If you are pursuing a claim for personal injuries as a result of a Delaware car accident, what you are going to do is, you are going to make a claim with the at-fault driver’s insurance company and try to settle that claim.  If you are not able to settle that claim and you need to file a lawsuit, then you are going to be filing a lawsuit against the at-fault driver, not against their insurance company.

The theory is that the at-fault driver was the negligent person who caused you the injuries. They are the ones that you are going against. If they have liability insurance coverage, their insurance company is going to pay for their defense. Their insurance company will pay for them to have a defense lawyer, and if you win your case or you get a settlement, their insurance company will be paying that settlement or that judgment. It is called a legal fiction, meaning that you are really dealing with the at-fault driver’s insurance company, but when you look at it, the paperwork will be against the at-fault driver. I hope that answers your question.

Something to keep in mind – If you have been injured in an accident and you are feeling hesitant about suing your brother or sister, what you need to keep in mind is that most automobile accident cases settle. The vast majority of automobile accident cases involving personal injuries settle and the settlement is being funded by the at-fault driver’s insurance company. In substance what you are really doing is making an insurance claim in most cases.

I’m Attorney Ben Schwartz and I hope that answers your question. If you are watching this video and you have questions for me about the law, as it relates to personal injury litigation or really anything, you can send me an email. If you would like your question answered in video format on the internet, please let me know that I have your permission to answer it in video format, and it is not meant to be attorney-client privileged. Thanks very much.