Typically, the first attempt we make at trying to resolve your personal injury lawsuit is sending a detailed demand package to the insurance company of the at-fault driver. Well, what happens when we send that demand package to them? We get a response, and we are unable to agree on how much the case is worth. Their valuation is simply too small, in our opinion, to agree to accept the settlement offer. What happens in that instance? Well, what happens is we have to file a lawsuit. Well, the question then goes, well, who are you suing? Are you suing the insurance company, the company you’ve been dealing with and fighting with for the past six, seven months? Or are you suing the at-fault driver? The answer in Georgia is you can only sue the at-fault driver. You are not allowed to name the insurance company in the lawsuit. Even though that insurance company is still going to be a part of it, they’re going to be behind the scenes. They’re even going to provide a lawyer for the at-fault driver. You are not allowed to name them in the lawsuit.
