QUESTION
How do I sue the other partys' insurance
Asked on Nov 29th, 2012 on Automobile Accidents - Washington
More details to this question:
I was involved in a car accident where the other driver cut me off. By cut off, I mean he merged into my lane without so much as looking back or signaling. He cut me off as an accident was happening in front of, so naturally he came to a sudden stop right after cutting me off, causing me to rear end him. When the cops showed, they got our information and our written statements. I told the cop what had happened and he only cited me for no insurance. Yes, that's the kick, I didn't have insurance. Now, I filed a claim against the insurance of the driver that cut me off and they denied my claim because I hit their from the back. I never assumed fault to their insurance or the cop, for that matter, but now it turns out they sold the debt to some collections agency and the collections agency is going as far as trying to suspend my drivers license. I should so mention a coworker of mine was a witness.
1 ANSWER
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If you are in an auto accident that is someone else's fault you cannot sue the at fault party's insurance company. A lawsuit in a case like this would have to be brought directly against the at fault party.
The collection agency has apparently taken an assignment of the insurance company's alleged claim against you. It is important that you defend yourself against any action the collection agency might take against you. They should be notified in writing that you believe the accident was not your fault. If you do nothing, it is likely the state will suspend your license.
It is highly recommended that you contact an attorney for further advice and possible representation.
This response is general in nature and is not legal advice. No attorney client relationship is formed by it. Further, the response does not represent the opinions or views of LexisNexis or its affiliated companies.
Answered on Nov 30th, 2012 at 11:39 AM