Your attorney will investigate your car accident and gather the proof to show the other driver’s negligence. They will draft the legal complaint that lays out the basic facts of your case, why you deserve financial compensation, and how much you seek. The lawsuit begins when your attorney files the complaint with the court and serves it on the other party. Your lawsuit will be against the responsible driver instead of their insurance company. However, the insurance company has a legal duty to defend its policyholder from lawsuits according to the terms of their contract. The insurance company will call the shots during the case for all intents and purposes. The insurance company will hire and pay the attorney who is defending the lawsuit. Insurance defense lawyers defend many cases on behalf of insurance companies. The insurance company either pays them a flat fee or by the hour. They understand the intricacies of car accident litigation since they handle them regularly.