QUESTION
Can you sue the party who caused the accident personally, if his insurance company did not pay you enough?
Asked on Oct 18th, 2012 on Personal Injury - New Jersey
More details to this question:
I am not getting the response from USAA and I am wondering if I can sue the owner of the vehicle personally, since he went to court and lost his case and was found guilty of failure to yield and hitting me from behind, causing damages.
15 ANSWERS
Civil Litigation Attorney serving Aptos, CA
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Richard E. Damon, P.C.
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Yes.
Answered on May 21st, 2013 at 2:45 AM
Motor Vehicle Accidents Attorney serving Lincoln, NE
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Lapin Law Offices
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Generally, if you cannot settle with the other vehicle's insurance company then you sue the driver, not the insurance company. There are very few situations in these types of cases in which you can actual sue the insurance company itself. The insurance company will hire an attorney to defend the driver and will pay, up to its limits, if you go to trial and obtain a verdict against the driver. Besides the driver you might also, depending on the circumstances, be able to sue other people or entities such as the owner of the vehicle or the driver's employer if the driver was working at the time. So to answer your Question, yes you can "sue the party who caused the accident personally if his insurance company" will not offer you enough money.
Answered on Oct 30th, 2012 at 9:28 PM
Car/Auto Accident Attorney serving Hacienda Heights, CA
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Gary Lee Platt
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The short answer to this question is, probably not. Firstly, if you made a CLAIM against the other driver's insurer, USAA, and they settled with you, you were almost certainly required to sign a release. The release is an agreement to accept the agreed settlement amount as FULL compensation for your damages and a promise not to sue the driver. You cannot sue the insurer for the damages, though the insurer is the entity which pays them. If the insurer's offer of settlement was not enough, you should not have agreed to settle. Once you do and sign a release, you are forever barred from suing the driver over this accident. Secondly, if you did sue the driver and won a judgment, the insurer is responsible for paying the amount of the judgment, UP TO THE POLICY LIMITS. If, for example, you obtained a judgment for $30,000, but the driver's policy had a $25,000 limit, then the driver is personally responsible for the difference ($5,000). You don't sue the driver (again) for the difference, but there are legal devices you can use to collect that difference from the driver personally. You should consult an attorney for this purpose.
Answered on Oct 23rd, 2012 at 4:29 PM
Dennis P. Mikko
There are two aspects to the damage claim. As to property damage, that is damage to your automobile, under Michigan no-fault, the only claim you have for collision type benefits would be through your insurance company. As for personal injury, assuming you have not signed a release, you can only make a claim if your injuries amount to a serious impairment of a bodily function, permanent serious disfigurement or death. If you do not meet the threshold, you cannot bring suit.
Answered on Oct 23rd, 2012 at 4:29 PM
Steven D. Dunnings
In Michigan, you can only get up to $500 for property damage in an auto accident where both vehicles were covered by no-fault insurance.
Answered on Oct 22nd, 2012 at 11:27 PM
Ronald A. Steinberg
Absolutely yes. Collecting the money is a whole different matter.
Answered on Oct 22nd, 2012 at 10:21 PM
Did you accept a settlement from the other person's insurance company? If you did, you most assuredly signed a release which would mean you cannot sue the person personally as they would be a released party.
Answered on Oct 19th, 2012 at 9:06 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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Yes you can. Actually, the way it works is you bring the suit against the person at fault. His insurance company defends the suit, and pays whatever judgment you obtain, up to the policy limits. The individual is liable for any amount of the judgment above the policy limits. However, it is difficult to collect the judgment above the limits. It is one thing to obtain a judgment against an individual. Collecting is a different matter, and is much more difficult.
Answered on Oct 19th, 2012 at 8:52 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You sue the owner and the driver. The insurance co will pay the bill.
Answered on Oct 19th, 2012 at 7:09 PM
Insurance Defense Attorney serving San Bernardino, CA
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Ricks & Wear, PLC
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No. In accepting what the insurance company offered to settle the matter you signed a Release in which you waived all claims against their insured.
Answered on Oct 19th, 2012 at 6:03 PM
Litigation Attorney serving Olean, NY
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Black, Lyle & Habberfield, LLP
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You can only sue the driver personally. All the insurance does is pay when he/she causes a crash. If you achieve a verdict in excess of the insurance coverage, the driver is on the hook for the difference. You also may have SUM coverage on your own policy to consider. Good luck.
Answered on Oct 19th, 2012 at 6:00 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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You have to sue the guy personally, after 1982 you couldn't sue the insurance company directly.
Answered on Oct 19th, 2012 at 5:31 PM
Thomas Edward Gates
Yes, you can take civil action to resolve your matter. Make sure that you have not sign document from the other insurance company that released them (and their client) from further claims.
Answered on Oct 19th, 2012 at 5:24 PM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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In NJ, the insurance coverage of the offending car is primary. If your claim is worth more and you exhaust that coverage, you can file an under insured claim against your own policy if your policy has higher limits.
Answered on Oct 19th, 2012 at 5:17 PM