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Who pays in a civil suit the insured out of pocket or the insurance company?
Wiki User
∙ 12y ago
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....
Wiki User
∙ 12y ago
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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 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.
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.
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 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.
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 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.
