QUESTION
Should I sue if they will not pay for damage? How?
Asked on May 05th, 2015 on Personal Injury - Wisconsin
More details to this question:
My car was parked on a street in a neighborhood when it was hit by a driver. My insurance company says that it will not pay because the driver of that car was not on the insurance policy, because the owner had lent the car to him. Is my only option to sue the insurance company for the damages?
13 ANSWERS
Admiralty and Maritime Law Attorney serving Gulf Breeze, FL
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Law Offices of John W. Merting, P.A.
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Call the Florida Insurance Commission.
Answered on May 07th, 2015 at 10:19 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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I'm missing something here: if you have collision coverage on your car, that covers it being hit, whether it was from someone who had borrowed a car, or an unlicenced driver, hit-and-run, whatever. If you don't have collision coverage, then it's not covered by your company, however it happened. So, if you have collision, you are covered by your own company. If not, then you go after the owner of the other vehicle, who is responsible for loaning it to the person who crashed it into your car. He should be covered by his liability insurance policy.
Answered on May 06th, 2015 at 8:25 AM
I am confused by your question. If you have coverage for your property damage under your insurance policy, your carrier has to pay you no matter what the status of the driver of the other car is, unless the policy specifically states an exclusion which is covered by the facts of the accident. Tell them their behavior is an act of bad faith for which they can be sued and demand to speak to a supervisor. As to the other vehicle, in California both the owner and driver of the car are jointly liable for the first $15,000 in damages. Most insurance policies provide coverage for a car which is just occasionally lent to another person. Demand to see a copy of the insurance policy to see if the driver is excluded. You can not sue the insurance company, but you would sue both the driver and owner. Be sure to demand the cost or repairs or fair market value, which ever is less, and also the cost of renting a similar car for a reasonable period of time to have repairs done [if you did not have the money to afford the repairs, that lengthen the time period].
Answered on May 06th, 2015 at 3:51 AM
Ronald A. Steinberg
Sue the owner and the driver of the car that hit yours.
Answered on May 06th, 2015 at 1:59 AM
Thomas Edward Gates
No, you would sue the vehicle owner.
Answered on May 06th, 2015 at 1:58 AM
James Eugene Hasser
You could sue the driver, but there's no insurance to collect from. You're better off, in my opinion, making a collision claim on your own policy and letting your insurance company worry about getting their money back. Good luck.
Answered on May 06th, 2015 at 1:42 AM
DUI Attorney serving Grove City, OH
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Law Office of John G. Galasso
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No sue the owner of the car for damages.
Answered on May 06th, 2015 at 1:41 AM
Edwin K. Niles
1. You sue the driver and the owner of the offending vehicle, not the ins. co. 2. Check your own policy to see if you have collision coverage or uninsured motorist coverage; either should pay.
Answered on May 06th, 2015 at 1:35 AM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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Yes. Because your damages are limited, contact the small claims court in your county. Follow the instructions, get estimates from the best body shops in town and be your own lawyer. Good Luck. The court clerks are helpful if you are nice to them.
Answered on May 05th, 2015 at 6:04 PM
Personal Injury Attorney serving Irvine, CA
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1. You can sue the driver who hit your car, if you know who he is. If that driver had insurance, his insurance will probably provide coverage. Depending on the insurance policy language in the Owner's policy, the insurance company of the Owner may provide coverage as well. 2. If Owner lends the car to driver, and the driver hits your car, you can sue the owner if he negligently entrusted the car to driver. For example, if owner knew driver was an inexperienced or bad driver, or had a suspended license, the owner may be negligent for entrusting his vehicle to driver. 3. If: (a) you do not know the identity of driver; or (b) you know the identity of driver but he has no insurance, then you can proceed against your own insurance policy under the Uninsured Motorist provisions. You need to contact an experienced personal injury lawyer immediately.
Answered on May 05th, 2015 at 5:38 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Your option is to consult with an attorney, explain all of the circumstances and act in accord with counsel. At this point, I do not understand why your insurance company says it will not pay for the damages.
Answered on May 05th, 2015 at 5:34 PM
Car Accidents Attorney serving Newport Beach, CA
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Russell & Lazarus
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If you do not have comp/collision coverage under your own policy, then you should sue the driver of the car as well as the owner of the car for damages. If there any other responsible parties, then you should include them as well.
Answered on May 05th, 2015 at 5:13 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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First things first. Consult a skilled personal injury lawyer, because there are more facts to be considered than can be addressed in a brief response. If you want or need to sue someone, consulting a lawyer is certainly the best first step. Consider also whether you should seek damages from the driver, and whether the driver could actually pay a judgment. Good Luck.
Answered on May 05th, 2015 at 5:10 PM