Legal Responsibility?

i live in atlanta ga. i was in an auto accident and I am now suing the party that hit me in small claims court because his insurance company would not pay any of my medical bills totaling $6,000 although they did already pay the property damage. my question is this...because, by law, i have to sue him and not the ins. co. directly, is the ins. co. legally responsible to pay the judgement that i would be awarded against him since they were his insurer at the time of the accident? He is no longer covered by them and my concern is that they will not reprsent him in court and if i win a judgement against someone who doesn't have two pennies to rub together i would still be left in debt. does my question make sense? help!!!

[JETX]

The damages were caused by the other driver, not by his insurance company. Further, you have no direct or indirect involvement with the drivers insurance company (they are NOT liable to you in any way). That is why you have to sue the driver (who will then turn to his insurance company for his contractual 'coverage').

When the insured is sued, the insurance company will very probably retain legal counsel to represent their insured policyholder against your claim. Then, if they lose, the judgment will be against the insured (driver) and the insurance company will reimburse for the loss.

If you want, you can mail (certified RRR) a copy of your lawsuit to the insurance company or agent (after service on the party).