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How to prepare for legal proceedings with car insurance

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Here's what you need to know...
  • If represented by a car insurance company in court, the insurer will orchestrate all of the legal proceedings
  • In many situations, the insurer will try to push the case to a settlement rather than go to trial
  • If you find yourself in a trial with a car insurance company, it’s important to understand what your role is

Getting involved in a lawsuit is never a good thing, regardless of whether a party is doing the suing or being sued.

When required to be a participant in a lawsuit with a car insurance company, how to prepare depends on what role the auto insurance company is playing.

Many times, the party will need to work with one car insurance company while supporting a lawsuit against another insurer. Both companies will be using experienced lawyers who work legal maneuverings and statements to win case leverage.

To avoid the worst rated auto insurance companies, make a car insurance comparison ahead of time-based on rates, customer satisfaction, and protection.

Our FREE car insurance comparison tool can help you find the best companies when you  enter your zip code above!

Pre-hearing Preparation

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If represented by a car insurance company in court, the insurer will orchestrate all of the legal proceedings as far as a party is concerned.

The party may be required to appear with the insurer and also may be required to appear in depositions and give statements under oath.

Witnesses may be contacted as well. As a result, it’s a good idea to keep all notes, photographs, and previous statements in a folder so that a person knows what he said before the lawsuit began.

The car insurance company working with a person will handle all the legal paperwork that goes back and forth. This is part of the policy coverage agreement that the insurer contracted with a policyholder.

In many situations, the insurer will try to push the case to a settlement rather than go to trial. In a high majority of the cases, a settlement is far cheaper going forward than a full trial and throwing a decision to a jury.

To find more about settlements, research other questions such as, “Does auto insurance pay over the limit of bodily injury to settle lawsuits.”

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Deposition

In many legal cases, both involved parties and witnesses are brought in for depositions to give statements under oath. It is important to remain honest in this situation.

Parties have to speak truthfully when questioned or they could be subject to separate criminal charges of perjury.

Lawyers will try to use the statements to win advantages to their sides of the case, so they may ask the same question five different ways, hoping for a discrepancy or a weakness in a statement.

The lawyers control all the scheduling of the deposition meetings and witnesses are under court order to appear. After the fact, all parties involved include the deposed person is given a copy of the deposition transcripts for reference.

Pre-hearings and Motion Hearings

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Trials are predominantly shaped by hearings managed by the lawyers involved. These meetings with the court are intended to either introduce or remove rules, evidence, limitation and behavior of the other party in the trial.

Each side makes arguments in writing to the judge to win an advantage.

In instances, a trial can be decided and ended based on a motion hearing when the evidence is so little or nonexistent the court agrees that a case has no merit. This is not a common situation.

In most hearings, a regular policyholder is not involved.

Other court meetings involve the court scheduling trial on its calendar and determining if the parties have exhausted all mediation and settlement efforts. The court doesn’t want a trial either if possible.

Trial

Once a case goes to trial, a party may or may not be called to appear or be part of the process. Much depends on whether the lawyers involved want to call the person to the stand to make a statement in front of a jury.

Many times the question will be a targeted one to show the jury the witness is a strong supporter of one side of the argument. The opposing counsel will try to show that the same witness is unreliable or lying.

The important thing to remember is that regardless what the truth may be about the original car accident issue, the trial has nothing to do with the truth.

It is a process where two sides work actively to convince a judge or a jury that their side of the story is right.

A lot of half-truths are involved and lawyers have no obligation to make sure their version is absolutely correct. They’re not the ones on the stand.

Understand Your Role and the Process

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If you find yourself in a trial with a car insurance company, it’s important to understand what your role is before saying anything to anyone.

You may want to have your own lawyer involved to help you, in addition to whatever your car insurance may provide as legal representation.

After it’s all over, you may want to change insurance companies for carinsurance coverage. A number of websites exist that provide comparisons of costs and coverage benefits provided by different car insurance companies.

These comparison sites tend to provide valuable, free information and can be used to find a better coverage package going forward.

Our FREE auto insurance comparison tool is available to you now when you enter your zip code below!

FREE Auto Insurance Comparison

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