The Adjuster.
When the other driver bought his insurance policy, the insurance company promised to “defend” him (that is, hire a lawyer for him) and pay any judgments against him (up to his liability limit) in any lawsuit.
This means that his insurance company is responsible for spending the money to settle your lawsuit against him, even before suit is filed. The other driver is out of the decision process on whether to pay you or how much.
This of course, means that you – or your lawyer – talks to the insurance company adjuster instead of the other driver.
Which is better. I have had very few conversations with people willing to admit they were responsible for causing another person pain or injury. Even fewer had the money to pay for the other person’s medical bills, lost wages or pain and suffering.
Insurance adjusters do this every day. They are not pushovers, by any means, but by the time the lawsuit gets to the adjuster, the emotion is pretty well out of it, and the main issue is “How much?”
I have been a lawyer over 30 years. Very few things are better than dealing with an intelligent adjuster. If you have a personal injury case in Cincinnati, Ohio or if you want to know what your lawsuit is worth, talk with an experienced Cincinnati Injury Lawyer about the case. Call me, William Strubbe, at 513-621-4775.
Because all situations are different, and because there may be other facts pertaining to your case that I don’t know about, you should not rely on this answer for legal advice. I am not your attorney, and no lawyer client relationship has been formed.