QUESTION
Can I sue my girlfriend's insurance company?
Asked on Oct 02nd, 2013 on Automobile Accidents - Indiana
More details to this question:
In august we weren't-boned on the passenger side at an intersection which my girlfriend was at fault for missing a stop sign, while the party that hit us was speeding. I have some injuries which include some herniated disks and a closed head injury which is causing some issues. The part I am confused about is if I sue am I suing my girlfriend or her insurance company, and now they are even telling me we can't even see each other that often due to the fact we could talk about the lawsuit. So who am I suing my girlfriend or her insurance company, and does it really effect anything if we see each other?
9 ANSWERS
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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First, if you have an attorney, you should ask your attorney these questions. You are suing her. Her insurance will pay whatever her liability is up to its policy limits, based on what you can settle for or based whatever a court awards if it goes to trial. You talking to her could make a big difference because you could disclose your attorney's negotiation or trial strategy to her, and she could disclose this same information from her insurer or attorney to you. Your attorney can recommend that you not talk to her, but it is still your decision as to whether you take your attorney's advice. Her attorney or insurer can do the same, and it is her decision. However, in her case, if the insurer asks her to refrain from talking to you, and she ignores this request, they could possibly deny coverage based on her failure to co-operate.
Answered on Oct 04th, 2013 at 3:11 PM
Edwin K. Niles
No problem with seeing her; one wonders who gave you that advice. If suit is necessary, the person sued (the defendant) is your friend. However, the claim is actually handled by her insurance co.
Answered on Oct 03rd, 2013 at 5:33 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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If your girlfriend and the other party were both at fault then both of them owe you. you sue the girl. The insurance co defends her. You and she may see each other all you care to. I don't think the insurance co has any control of that. they obviously don't want you to collude with each other to the disadvantage of the company.
Answered on Oct 03rd, 2013 at 1:52 PM
James Eugene Hasser
Unfortunately, you have to sue your girlfriend. You can't sue her insurance company direct.
Answered on Oct 03rd, 2013 at 11:41 AM
Ronald A. Steinberg
You would be suing your girlfriend for the claim for pain and suffering. She was driving the car, not the insurance company. The insurance protects her only to the limits of the policy. whether or not you stop seeing each other, I can assure you that she will not want to have anything to do with you after this. Embarrassment, for one thing, and the other is that your lawyer will gobble her up on cross examination, and that will get her angry, hurt and upset.
Answered on Oct 03rd, 2013 at 8:31 AM
Thomas Edward Gates
You initially file a claim against her insurance company. If you cannot settle, then you sue. You would sue your girlfriend who will be defended by the insurance company. You need to retain an attorney.
Answered on Oct 02nd, 2013 at 8:49 PM
Personal Injury Attorney serving Atlanta, GA
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Gregory S. Shurman, LLC
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Your girlfriend would be the defendant, and her insurance company would be who pays.
Answered on Oct 02nd, 2013 at 8:03 PM
Technically you are suing your girlfriend, the owners of the vehicles, and the other driver, all of whom will be represented by their own insurance companies to the extent of their individual coverage. While a jury will assume their?may be some collusion with your girlfriend as to testify of whom is at fault and her testimony as to how badly you are injured, no one can order you not to see her. If you are not also dating others it may hurt your case as to the amount of damages that are awarded.
Answered on Oct 02nd, 2013 at 6:46 PM
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You cannot sue the insurer directly. You may not even be able to sue her. Why aren't you suing the speeder? Consult with an injury lawyer.
Answered on Oct 02nd, 2013 at 5:56 PM