QUESTION
Do I list the driver and/or owner of the car or do I need to include their insurance company as defendants?
Asked on Feb 08th, 2013 on Personal Injury - California
More details to this question:
In Connecticut, I am going to file a small claim due to an auto accident. I was told only the driver and owner and then it is up to them to involve their insurance. Is it true? Thanks for the help!
9 ANSWERS
Ronald A. Steinberg
The insurance company was not driving. So you sue the owner and the driver. If they have insurance, then they should turn the court papers over to the insurance company. If they don't have coverage, then they will have to pay you out of their pockets.
Answered on Feb 21st, 2013 at 11:07 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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I don't know the law in Connecticut, so I can't help you.
Answered on Feb 13th, 2013 at 12:13 AM
Dennis P. Mikko
You would sue the other driver and owner of the vehicle. They would then involve their insurance company.
Answered on Feb 12th, 2013 at 11:48 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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It is true. You always sue the driver and owner. The insurance co is obligated to cover the claim (if there is coverage of course).
Answered on Feb 12th, 2013 at 7:40 PM
I am not licensed to practice in Connecticut. But generally speaking, your claim is against the driver and owner for now. They should turn the matter over to their insurance company(ies). In Nevada, you are entitled to get the information on the other driver's insurance company at the time of the accident. Connecticut may have a similar law. If not, you might be able to conduct discovery and get the information.
Answered on Feb 11th, 2013 at 11:12 PM
Edwin K. Niles
It is true you must sue the parties, not the insurance company.
Answered on Feb 11th, 2013 at 9:45 PM
Criminal Defense Attorney serving Anderson, SC
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In South Carolina, this is true.
Answered on Feb 11th, 2013 at 9:04 PM
Litigation Attorney serving San Antonio, TX
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Graves Law Firm
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It's true. Very few jurisdictions allow a direct action against a tortfeasor's liability insurance carrier. The other driver's insurance company generally owes its duty to the other driver, not to you. I'd suggest, however, that you send a copy of the suit papers to the insurer to make sure they're notified of the suit. You can't always count on the other driver to notify his insurer, but if he or she fails to notify the insurer, coverage could be voided.
Answered on Feb 11th, 2013 at 7:59 PM
Monica Cecilia Castillo-Barraza
I am a California attorney and can only give advice based on California law. Yes, here you would only need to sue the driver and owner of the vehicle as defendants.
Answered on Feb 11th, 2013 at 7:25 PM