In a traffic accident situation where you are seeking to recover your losses, you do not sue the negligent driver's insurance company. The insurance company didn't injury you. The negligent driver did. So if you are to sue anyone, it is the negligent driver (and possibly others) but it isn't going to be the driver's insurance company.
If you are injured you can make a claim against the negligent driver's insurance company. You do not necessarily have to file a lawsuit. Most smaller claims are resolved by making a claim and negotiating a settlement of the claim.
I suggest that you get a consultation with a local personal injury law firm that has an expertise in traffic collision matters. Most of the best traffic accident personal injury law firms will provide you a free consultation.
Look in the upper left hand corner of this page for a tap entitled "Find a Lawyer". You can find some excellent attorneys there that will provide you a free, no obligation consultation and will evaluate your case with you so that you can make informed choices.
John Bisnar, BISNAR|CHASE, Personal Injury Attorneys
California Car Accident Attorneys, www.California-Lawyer-Attorney.com, 800-956-0123
Answered on Nov 13th, 2011 at 3:38 PM