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Why Can’t My Lawyer Name the Insurance Company in the Lawsuit?

A question we tend to hear in our law firm is why, in a courtroom situation, their lawyer cannot name the insurance company in the lawsuit.

The short answer is because the insurance company did not cause the accident. Therefore they cannot be sued. The at-fault driver caused the accident, so he or she is the one being sued. That driver is simply using the insurance company's money to pay whatever damages must be paid. And the insurance company is in court with their legal representation in an attempt to generally try to pay out as little as possible.

Admittedly, it's easy to get confused.

Why Can't You Name the Insurance Company of the At-Fault Driver?
The reason for this is simple: Insurance companies have deeper pockets than the average person, and that could sway a jury to ask for more money. This premise is misleading, however. The insurance company is only going to pay what they have been contracted to pay, which is limited by the policy limits of the at-fault driver.

However, clients may ask this question because they're worried about the exact opposite. In other words, if they DON'T name the insurance company, the jury might be swayed to ask for LESS money.

The logical question then is, what happens if a jury awards more than the policy limits? If a jury awards more than the other driver's insurance coverage, it's called an "excess judgment." The at-fault driver will have to pay the difference between the policy limits and the excess judgment.

Let's say, for example, the driver's policy limits were $60,000 and a jury awarded you $85,000 in damages. The driver would need to cough up that additional $15,000 in order for you to get the full amount. Easier said than done.

Getting an individual to pay can get complicated. That is why it is prudent to get an attorney involved soon after your accident - one who is experienced in investigating and identifying ways the at-fault driver may be able to pay.

Experienced Personal Injury Lawyers in North Carolina
My advice is to work with a legal team like ours with many years of experience in personal injury litigation. We are dedicated to taking every available measure and utilizing every resource that may potentially help secure the best outcome for your case. Better still, we don't charge an attorney's fee unless you recover.

If you have questions, or want to see if we can help you or someone you know, click here for a FREE case evaluation or give us a call at 1-866-900-7078. We're here for you 24/7/365.

Categories: Posts

Cristen Bartus joined the Law Offices of James Scott Farrin in 2012, handling personal injury cases.

Ms. Bartus received her J.D. from the University of Toledo College of Law in Ohio. She received her B.A. in Business Administration from the University of Toledo College of Business.

Before coming to the Law Offices of James Scott Farrin, Ms. Bartus worked as a regulatory affairs contractor researching proper compliance by insurers. In her previous legal work, she also reviewed consumer complaints and conducted research for cases arising under the Consumer Sales Practices Act.

Contact Information

Raleigh Law Office

5848-100 Faringdon Place
Raleigh, NC 27609
Phone: 919-834-1184
Toll Free: 1-866-900-7078

Durham Law Office

280 South Mangum Street, Suite 400
Durham, NC 27701
Phone: 919-688-4991
Fax: 800-716-7881

Fayetteville Law Office

517 Owen Drive
Fayetteville, NC 28304
Phone: 910-488-0611
Toll Free: 1-866-900-7078

Charlotte Law Office

1001 Morehead Square Drive, Suite 350
Charlotte, NC 28203
Phone: 704-599-1078
Toll Free: 1-866-900-7078

New Bern Law Office

1505 South Glenburnie Rd, Unit P
New Bern, NC 28562
Phone: 252-634-9010
Toll Free: 1-866-780-3422

Greenville Law Office

702 G Cromwell Dr.
Greenville, NC 27858
Phone: 252-355-5205
Toll Free: 1-866-780-3227

Greensboro Law Office

300 N. Greene Street, Suite 850
Greensboro, North Carolina 27401
Phone: 336-665-7072
Toll Free: 1-866-900-7078

Goldsboro Law Office

214 South William Street, Suite 3
Goldsboro, NC 27530
Phone: (919)-731-2581
Toll Free: 1-866-900-7078

Henderson Law Office

514 Dabney Drive, Suite 200
Henderson, NC 27536
Phone: 252-492-4600
Toll Free: 1-866-900-7078

Roanoke Rapids Law Office

709 Julian R. Allsbrook Highway
Roanoke Rapids, NC 27870
Phone: 252-537-9670
Toll Free: 1-866-900-7078

Rocky Mount Law Office

3202 Sunset Avenue, Suite B
Rocky Mount, NC 27804
Phone: 252-937-4730
Toll Free: 1-866-900-7078

Sanford Law Office

703-B South Horner Boulevard
Sanford, NC 27330
Phone: 919-775-1564
Toll Free: 1-866-900-7078

Wilson Law Office

2315 Airport Blvd Suite A
Wilson, North Carolina 27896
Phone: 252-246-9090
Toll Free: 1-866-900-7078

Winston-Salem Law Office

301 N. Main Street, Suite 2409-C
Winston-Salem, NC 27101
Toll Free: 1-866-900-7078