by pkvaughn1956 » Sun May 20, 2012 12:58 am
do the other person sue me or my insurance company first, if i was at fault rear ending them? if they sue my insurance company first what statue do they use? or if they sue me first what statue do they use
Posted: Sun May 20, 2012 01:45 am Post Subject:
They file suit against you (if it comes to that) for sure. Some states allow for the insurance company to be named as well but it's really all the same, they are suing you for the loss you caused.
Posted: Mon May 21, 2012 02:38 pm Post Subject: Suit
You would be named in the suit, however, assuming your policy was in force at the TOL (accident) then your insurance company has a duty to defend/represent you. They are obligated to defend you up to the limits of your coverage & will attempt to resolve the claim with a full and final settlement within your limits...
Posted: Tue May 22, 2012 01:02 pm Post Subject:
Being sued for a traffic collision is the last thing that might happen, it should never be the first if you have insurance.
Your insurance company did not cause the loss, you did, and so you would be the person sued, if it came to that.
As has been said, if you had insurance at the time of the loss, your insurance company must defend a covered loss even if it does not believe there is merit to the claim.
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