One of the little understood portion of the claims process is that the insurance company has the right to make a settlement. This is often the choice when it is not perceived to be economically feasible to take the case to court.

If you are the defendant then this can be frustrating if you want to prove that you are right. If you are the plaintiff then it can also be frustrating in that you may end up with less then you expected. The insurance company does have this right of subrogation and you have to accept the will of these parties when they make such a decision.

If you truly feel that the settlement was made in error then you can deal with this yourself in a legal action against the insurance company. This can be very expensive and it would be done at your own cost. This does not often occur.

Most cases are decided by a settlement. Talk to your adjuster about the process that is occurring in your case. Your insurance company will attend court on your behalf. You will likely not appear in court at all, everything is done by the insurance company and the lawyers who represent the plaintiff and the defendant.