QUESTION
If someone hit me because they ran a stop light, do I sue him or the insurance company or the company he works for?
Asked on Jun 11th, 2013 on Personal Injury - New York
More details to this question:
Someone ran a stop light and hit my car. My car is not totaled but is not drivable in its condition. And I need a car to get to and from work once I start working. What should I do? Do I have a case. I took pictures of the wreck and the witnesses and cop report said I was not at fault.
17 ANSWERS
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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As I've said multiple times in multiple answers you collision coverage is provided by your own insurer. Fault is irrelevant under the Michigan No Fault Law in re: collision coverage. The only time you sue the other driver/owner for collision/property damage is for the mini-tort if you incur a deductible. You can sue the other owner/driver/employer for pain and suffering if you suffered provable threshold injuries per the Michigan No Fault Law. You'd be best to consult a lawyer in re: whether your facts allow a pain and suffering case or not - at least if you have injuries and they are ongoing.
Answered on Jun 12th, 2013 at 10:51 PM
The driver and his employer, if he was at work or on work duty, is liable. Contact the business and find out who their insurance carrier is or have them report the accident to their insurance carrier. Also have the driver tell you who his insurance carrier is if there is any doubt that it is work related.
Answered on Jun 12th, 2013 at 8:21 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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If the bad guy was in the course and scope of his employment you might sue him and his company. The insurance company will defend.
Answered on Jun 12th, 2013 at 8:19 AM
James Eugene Hasser
In Alabama, it's him and his company if he was on the job. You can't sue the insurance company. Good luck.
Answered on Jun 11th, 2013 at 7:46 PM
Personal Injury Attorney serving Beverly Hills, CA
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Hyp Law Group
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Answered on Jun 11th, 2013 at 7:46 PM
Civil Litigation Attorney serving Van Nuys, CA
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Law Offices of Alexander Edward Gilburg
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You don't need to sue anyone right now. You should begin by filing a claim against the other party's insurance company and his employer, if he was on the job when the collision occurred. However, the best thing to do is hire an attorney to protect your rights and maximize your recovery.
Answered on Jun 11th, 2013 at 7:45 PM
Personal Injury Attorney serving Portland, OR
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Kaplan Law, LLC
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If the at fault driver hit you while under the course and scope of his employment you can sue both him and his employer. Either way, their insurance company will defend and indemnify them.
Answered on Jun 11th, 2013 at 7:45 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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You would sue him; you cannot sue his insurance company. If he was on the job when the accident happened, you can sue the company, as well.
Answered on Jun 11th, 2013 at 7:45 PM
Insurance Defense Attorney serving San Bernardino, CA
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Ricks & Wear, PLC
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If you are not able to reach a settlement for your damages (property and personal injury, if any) then you would sue the driver and the owner of the vehicle. You do not name the insurance company. If, at the time of the accident, he was acting within the course and scope of his employment then name his employer as well. Good luck.
Answered on Jun 11th, 2013 at 7:45 PM
Thomas Edward Gates
Your action is against the other driver. If he has insurance, he will turn it over to his insurance company.
Answered on Jun 11th, 2013 at 7:45 PM
Car Accidents Attorney serving Newport Beach, CA
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Russell & Lazarus
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When you file a lawsuit, you file it against the responsible party, not the insurance company. So, if the vehicle operating was operating a company vehicle, then you would file your lawsuit against the individual who was driving as well as against the company whose vehicle the driver was operating. The insurance company which insured the vehicle at the time of the collision will then appoint an attorney to defend the lawsuit on behalf of the driver and the company.
Answered on Jun 11th, 2013 at 7:44 PM
Personal Injury Attorney serving Atlanta, GA
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Gregory S. Shurman, LLC
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You should contact his insurance company to discuss settlement.
Answered on Jun 11th, 2013 at 7:44 PM
You would need to discuss the particular details with an attorney for them to determine the best course of action, but if they person who hit you was working at the time that he hit you, it is entirely possible that you could and should sue the driver AND the company he works for AND their insurance company. It is best to discuss it would a lawyer BEFORE discussing it with your own insurance company.
Answered on Jun 11th, 2013 at 7:44 PM
1 Award
You might consider consulting with a lawyer about your situation. You might be able to deal with the other driver's insurance company claim adjuster, but be careful to make sure you are getting what you should be getting.
Answered on Jun 11th, 2013 at 7:44 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I would have to have more information to answer your question. In Michigan we are a no fault state and many of your coverage will be determined by what coverage you had on your car and yourself. Call with details and for an appointment.
Answered on Jun 11th, 2013 at 7:43 PM
Commercial Attorney serving New York, NY
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Hecht & Hecht, LLP
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In New York, you would want to sue the driver and his employer, assuming that he was in the course of his employment at the time of the incident. If you were injured, you would also want to apply for no-fault benefits from your insurance company.
Answered on Jun 11th, 2013 at 7:43 PM
Ronald A. Steinberg
You sue the owner AND the driver of the car that hit you. The insurance company indemnifies them. That means, that the insurance company will pay any judgment or settlement up to the limits of the insurance policy.
Answered on Jun 11th, 2013 at 7:43 PM