How does the insurance process work

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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.


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