by Guest » Sat May 14, 2011 03:30 am
I was struck by a car that suddenly merged in to my lane when I was driving normally. The policy report clearly states that the other is at fault and she got a ticket because of the accident. But her insurance company refuse to cover my losses and said the accident was because a third car distracted its insured and she should not be responsible for my losses even through her car physically struck my car. Can I sue that damn insurance company?
Posted: Sat May 14, 2011 01:42 pm Post Subject:
Only a few states allow you to file against the insurance company directly and even then, you file against the driver/owner as well.
What you need to understand is that the person who caused damage to your vehicle is normally who you file against. In that the other person has insurance does not matter. You file against the driver/owner as they caused your loss and their insurance company provides them a defense. If you obtain a judgement against the driver/owner then the insurance company pays that judgement to you up to their insureds policy limits. So the result is about the same.
Posted: Mon May 30, 2011 06:37 am Post Subject:
You would sue the at fault driver. You do not sue the insurance company. The insurance company did not cause your damage.
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