Can I Sue the Other Driver’s Insurance Company?

Our David W. Martin Accident & Injury Lawyers in South Carolina explain to each of our clients how the legal process works, so they know exactly how we are pursuing the negligent driver who caused their vehicle collision and injuries — or the loss of their loved one.

After we can prove the other driver’s negligence caused the crash and resulting damages, there are two potential recovery options moving forward: 1. Filing an insurance claim against the negligent driver’s insurance policy. 2. Filing a lawsuit against — or “suing” — the negligent driver’s insurance company.

Here is the difference between the two.

What Does Filing an Insurance Claim Against a Negligent Driver’s Insurance Policy Mean?

When our David W. Martin Accident & Injury Lawyers file a personal injury claim on behalf of our clients, it is another term for filing an insurance claim against the at-fault party’s insurance policy.

This approach effectively removes the injured party — our client — and the negligent driver from the equation, which leaves our skilled South Carolina personal injury attorneys to deal directly with the insurance company. All communications will be routed through our offices, so our clients can focus on their recovery while we handle the details of their claims.

Like other insurance claims, we will compile all the pertinent information that will allow our lawyers to pursue success. That will include evidence the crash was their policyholder’s fault, a complete outline, and supporting evidence of our client’s recovery compensation needs — including medical records, medical bills, lost wage statements, and other documentation — to begin negotiations.

The insurance company will have the opportunity to respond to our recovery demands, and negotiations will officially be underway.

If a settlement cannot be reached during negotiations with the insurance company, our dedicated personal injury attorneys in South Carolina will file a personal injury lawsuit against the driver and his or her insurance provider.

What Happens When You Sue the Other Driver’s Insurance Company?

A personal injury lawsuit will allow you to pursue compensation for damages resulting from injuries through the legal system. This means we will build your case and present it to a judge or jury to prove the at-fault party was negligent.

Filing a personal injury lawsuit is much more involved than a personal injury insurance claim, and requires our skilled attorneys to:

  • File the initial court papers.
  • Fact-finding and discovery to get information from the opponent to establish facts in the case.
  • Jury selection (when it is a jury trial, and not a single judge hearing the case).
  • Opening statements.
  • Presentation of evidence.
  • Testimony.
  • Closing arguments.
  • Jury deliberation.
  • A verdict.

Although 90-95% of personal injury claims in the U.S. are resolved outside of the courtroom, our David W. Martin Accident & Injury Lawyers in South Carolina prepare each client’s case as if it were going to trial, so the insurance company knows we are ready to take the next step, should they fail to negotiate a fair settlement.

If you have been injured in a vehicle collision caused by a negligent driver in South Carolina, contact our David W. Martin Accident & Injury Lawyers today by calling (803) 258-6199 to learn more about your legal rights and options to hold the negligent driver liable for your complete recovery needs.

We provide consultations for all personal injury cases in South Carolina, and never charge any legal fees unless we deliver a positive outcome for your unique case.

David W. Martin Accident and Injury Lawyers is the personal injury division of David W. Martin Law Group, LLC. David W. Martin Law Group, LLC. is responsible for all content, links, and blogs contained within this website.


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