In many states, the person who causes a car accident must be sued and named as a defendant instead of his or her insurance company. For example, in Ohio the injured party must sue the at-fault driver. Ohio law permits the injured party to sue the company that insured the at-fault driver in very limited circumstances. Most personal injury cases settle before a lawsuit is filed. In fact, most cases in litigation typically settle at some point before trial. You should speak with a lawyer as soon as possible if you have been injured due to a car accident because an attorney can advise you whether you will need a lawyer and the attorney will help you avoid common mistakes that injured people make while dealing with the insurance company. If you have been injured due to a car accident, donâ€™t give up, get help.