Utah Auto Law: Why do I have to sue the person who caused my injuries and not their insurance company?
It often surprises and frightens people to learn that they will be suing the person who caused the accident and not the insurance company. Utah law requires that the person be sued because there is a fear that juries will be prejudiced if they know there is insurance. However, even though the person must be named in the lawsuit, very few attorneys try to collect more than the amount of liability insurance. Accordingly, your claim will not be bankrupting the person at fault, but merely seeks the full amount necessary compensate you up to, but not exceeding, the policy limits.
There may even be times when a close friend or family member makes a mistake while driving with you as a passenger. Again, although the individual might be named as the defendant in the lawsuit, they would not likely be held liable for any amount of money greater than their insurance policy coverage. Consulting with an auto law attorney can help put your mind at ease that you will not be bankrupting your friend or family member simply because you want to get compensation from the insurance policy.
There may even be times when a close friend or family member makes a mistake while driving with you as a passenger. Again, although the individual might be named as the defendant in the lawsuit, they would not likely be held liable for any amount of money greater than their insurance policy coverage. Consulting with an auto law attorney can help put your mind at ease that you will not be bankrupting your friend or family member simply because you want to get compensation from the insurance policy.