QUESTION
Whom would I file a small claims suit against. The driver or his insurance?
Asked on Mar 14th, 2013 on Automobile Accidents - Texas
More details to this question:
I was involved in an auto accident. The person ran into my car and totaled it due to him running a red light but he is saying that he had a green light which is not true. The person driving the car that totaled my car was not covered on the policy. Their insurance company has denied my claim and I want to file a small claims suit but am unsure who I would file it against. Would it be the Insurance Company or the driver of the vehicle that ran into me?
9 ANSWERS
Sue the driver and owner the vehicle being driven.
Answered on Mar 17th, 2013 at 10:49 PM
James Eugene Hasser
Unfortunately, you can't sue the insurance company of the driver or owner that causes the wreck in Alabama. Complain to your legislator about it. You have to sue the driver and can't even mention insurance to a jury. OK; off my soap box. If I were you and I had collision insurance, I would just file a collision claim and not worry about Small Claims. By the way, you are restricted to suing for only $3,000 in Small Claims.
Answered on Mar 15th, 2013 at 3:25 PM
Edwin K. Niles
Driver.
Answered on Mar 15th, 2013 at 2:09 PM
Personal Injury Attorney serving Roseville, CA
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Penney & Associates Attorneys at Law
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The individual, the insurance should cover the other party for any payments he or she has to make if there is a verdict in your favor in small claims court. This is the basic answer, there may be other parties at fault such as the owner of the vehicle or if a government entity owned the vehicle, or if the driver was on the job at the time.
Answered on Mar 15th, 2013 at 1:31 PM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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You would name the driver, and the owner, of the vehicle which struck you. Generally your insurance company would pay for collision damage under your collision coverage (unless you didn't purchase it). Any uninsured driver/owner would not have the benefit of the No Fault law which only allows you to sue for mini-tort collision costs (which are generally to cover your deductible), but an insured owner/driver could avail themselves of the mini-tort "cap" on damages.
Answered on Mar 15th, 2013 at 12:52 PM
Personal Injury Attorney serving Kent, WA
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Law Offices of Wayne J. Wimer, Inc. P.S.
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Most states (such as Washington) do not allow a direct suit against the person's insurance company. Instead, you have to file suit against the driver. If you are in small claims court, neither party can have an attorney represent him in court, so that could be a problem for the insurance company unless they hire an attorney who in turn seeks to have the case transferred to the district court where they can be represented by an attorney.
Answered on Mar 15th, 2013 at 12:07 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I would suggest you see an attorney with all of the facts. Generally you will be suing in the driver and owner of the car, they referred to their insurance carrier if any. Additionally you should probably be making a claim, if the driver was uninsured, under your insurance policy. If you are in Michigan, which is a no-fault state, all of your claims will be made to your insurance carrier.
Answered on Mar 15th, 2013 at 11:01 AM
One would typically sue the person at fault for the accident. In this case, you are alleging the other driver, so that is who you should be going after.
Answered on Mar 15th, 2013 at 11:01 AM
Litigation Attorney serving San Antonio, TX
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Graves Law Firm
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You generally can't sue the insurance company directly; you have to sue the driver. The driver doesn't have to be named as an insured on the policy to be covered; a permissive driver should ordinarily be covered. Only if he stole the car or is named as an "excluded" driver should the insurer be off the hook.
Answered on Mar 15th, 2013 at 11:00 AM