Periodically, we at Clark and Steinhorn, LLC are asked by our motor vehicle accident injury clients why any lawsuit filed on their behalf is against the at-fault driver rather than the at-fault driver's insurance company.
Sometimes this can be a sensitive issue as we regularly see cases where our injured client was a passenger in car being operated by a negligent friend or family member. As one can imagine, people don't like being sued and having to sue your friend or even spouse, can bring out some hard feelings.
So why not sue the insurer instead of the driver? The answer is twofold. The insurer for the at-fault driver wasn't driving the car, so they can't be sued for negligence and second, the at-fault insurer has a contract with the at-fault vehicle operator not with you.
If you filed such a lawsuit it would be dismissed by the court in which it was filed. In Maryland car and truck crash cases injured victims are seeking compensation for their personal injuries and economic losses and must do so under " Tort" law.
Without a lenghty discourse " Tort" law is the law associated with compensating victims of wrongs visited upon them or their property by others. It originated in one form another in Roman times, Its purpose is to be a vehicle for people injured by others to receive compensation rather than resorting to violence.
So when you are in a car accident you pursue a claim for any injuries or damages from the individual or individuals, who caused the crash.
They in turn contract with auto or truck liability insurers to pay for any injuries or damages they have caused.
