The Role of Insurance Companies in Car Accident Litigation

All states require car owners to obtain what is known as comprehensive general liability (or “CGL”) insurance. This insurance ensures that car crash victims will have access to at least some compensation in a settlement or verdict against a driver causing injury.

The terms of the insurance policy require the insurer to do two things: defend the insured (the car owner) against any claims concerning accidents, and pay, up to the policy limits, for any damages caused by their insured driver. This first duty is referred to as the “duty to defend,” and the second duty is referred to as the “duty to pay.”

When a car crash occurs and litigation is threatened or initiated, the insurance company of the driver alleged to be at fault will then assume the defense of the lawsuit on behalf of their insured driver.  Usually, a claims adjuster or another person at the insurance company will take control and make decisions on behalf of the insured defendant driver for most matters. The insurance company will also retain defense counsel.

What Does the Insurance Company for the Responsible Driver Want?

The insurance company for the driver responsible for your accident will first and foremost want to minimize their liability. In this regard, they may dispute the evidence regarding accident causation, blame you or others for causing the accident, or seek to delay the litigation process and possible settlement.

Insurance companies have internal protocols regarding defense and settlement of car accident cases. Usually, these protocols concern matters such as establishing liability (how clear the plaintiff’s case is) and damages (how severely was the plaintiff injured, and whether such injuries are expected to be permanent).

Before making a meaningful settlement, proof regarding liability and damage matters must be presented to the insurance company in such a way that such evidence will likely be overwhelmingly in favor of the plaintiff if a trial ensues.

Will the Plaintiff’s Attorney Take the Case to Trial (and What is the Attorney’s Trial Record)?

All lawyers have different records in terms of the percentage of cases that they take to trial and their success rate at trial. Insurance companies usually are familiar with these matters with respect to the plaintiff’s counsel.  In my experience, the more likely it is that an attorney will go to trial, and the higher their success rate is, the more likely it is that any insurance company will be willing to offer a higher settlement in order to avoid trial and the possibility of a significant jury verdict against them.

My Record of Car Accident Cases

In representing clients in car accident cases, I understand the level of proof required by insurance companies in order to enter into meaningful settlement negotiations. I know how to establish the degree of evidence to prove liability and damages, not only during the settlement stage, but also during trial.

When I am retained by an injured client, I and my firm work tenaciously to identify all those who may be liable for a car crash, then seek to recover compensation from each of such people based upon their level of responsibility. As a veteran trial attorney with more than 30 years of legal practice, I have recovered millions of dollars for injured plaintiffs, both in settlement and at trial.

Let me help you. Please call my office for a free consultation.

You will not owe any fees during the course of litigation, as I and my firm will only be entitled to a fee if compensation is recovered for you.

Client Review

Mark took over my car accident case from another attorney that I fired. Mark worked hard on the case for several months to get ready for trial. Shortly before trial he got a settlement that was six times more than the offer my first lawyer tried to get me to take.

Jerry C.

CLICK HERE to view our case results.

What Our Clients Say

Mary, Bart, and Mark helped me tremendously with my workers compensation case. We navigated a long (over a year) road together and they helped me to not only win my case, but obtain a settlement of over $125k. I would recommend the Offices of Mark Hurt to anyone needing someone to stand with them in their corner! Thanks again Mary and Bart!! :-)
Charles Dutcher
Charles Dutcher
1685471585
Extremely pleased with the prompt support and guidance from Michael. He and the office staff were great to work with. They walked us through the process and were able to have my daughter's traffic violation dismissed with 0 points.
ga thomson
ga thomson
1684936164
Bart and Mary were very professional and helpful with my claim. I appreciate all that you did for me. You were great.Thanks forall that you've done.Clifford E Boyer
Clifford Boyer
Clifford Boyer
1683668004
I started receiving services through this law firm in 2017 for my workers compensation case. Over the years, this firm has been attentive, kind, patient and understanding to my needs. My calls were returned promptly, if the associate was unavailable at that time and I have had ample opportunity to speak with Mr Hurt directly concerning my case. With Mary Wilson, Bart Conway, Mr Hurt and others behind the scene, my case has progressed smoothly. I am very pleased with the services and attention I received at this firm and would recommend Mr Hurt, Mary and Bart for your needs.
Teresa Harris
Teresa Harris
1683569779
We hired Mr. Hurt to help settle a worker’s comp injury case for my husband. Mark, Bart, and Mary worked tirelessly to resolve his case and reach a settlement we were pleased with. They were always available to answer questions and returned calls in a timely manner.
K F
K F
1682489385
We were fortunate to find the Law Offices of Mark T. Hunt to help us set up our estate. Melanie was a joy to work with. She did a wonderful job putting together all of the documents needed to complete our estate planning.
Roxanne Mcfall
Roxanne Mcfall
1681766365
The office got right back to me and were compassionate about my sensitive situation
polly deal
polly deal
1680754180
Jessica was helpful in assisting me with my disability claim!
Amber Snapp
Amber Snapp
1680618358
Jessica was super helpful when I had questions about submitting my claim for disability. She also got me a case manager quickly!
Amber Petrovich
Amber Petrovich
1680618228
I have only praise for the Mark T Hurt firm and especially Michael Miles. Michael was very helpful in guiding me through the court process ans assuring a good outcome. I would recommend this firm and Michael in particular if you need representation in Virginia!
Dave Dalpiaz
Dave Dalpiaz
1680114987
I called and spoke with Jessica in the Disability Dept. after my Denial and she was right on top of getting me the paperwork to Hire them as my Representatives to Handle my claim from here on out
Allen Smith
Allen Smith
1679416063
Jessica was extremely helpful at assisting me with getting me in the process to file my disability case.
Jason Harris
Jason Harris
1678138281
Thank youJessica from the Social security DeptU were very Helpful
Christal Postema
Christal Postema
1678134153
Jessica in theSoccial Secuity Dept was great
Bryon Nimmo
Bryon Nimmo
1678130439
I spoke with Jessica and she was fantastic! She helped me get my social security disability application started and set up with a case manager.
Rebecca Hunt Ford
Rebecca Hunt Ford
1678128980
Jessica @ Social Security Department was very helpful and friendly with us today.
Winonia Blankenship
Winonia Blankenship
1678125271
I had a ticket and was upset. I did not want points on my license. Frankie was amazing and made sure all my bases were covered. The Law Office of Mark Hurt did a wonderful job and got my ticket completely dismissed!!!! I am so glad they helped me. They were so nice and answered all my questions. I never had to worry after I talked with them. I would highly recommend that anyone who needs help with a ticket to talk with this firm!! Thank you so much for everything!!!
Nichloas Wyatt
Nichloas Wyatt
1677981214
Jessica in Disability is awesome!! She replies quickly and gets things done. I’m very satisfied with my choice and feel great that it is in their hands!
laura dykes
laura dykes
1677875154
The individuals I spoke with were courteous, helpful, and thorough. Thank you Jessica.
RoseMarie Whisnant
RoseMarie Whisnant
1677785574
Jessica and the disability dept are very helpful and give excellent assistance with filling a claim very glad I contacted them
Jessie Hawks
Jessie Hawks
1677680471
Was very easy process. Jessica was very friendly and helpful while applying for Social Security Disability.
Darlene Robinson
Darlene Robinson
1677623644
Thank you so much Jessica for helping me with my social security disability case! You were kind, helpful, and understanding. I greatly appreciate you!
Kelly Bragg
Kelly Bragg
1677613932
Jessica and the group started helping me with my disability case the same day I called. 10/10 recommend
Brittany Poole
Brittany Poole
1677612031
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