Can I sue this guy who I was in a car accident with, as well as my insurance company?

You can file a first party bad faith lawsuit against your insurance company, and you can sue the person you were involved in the car accident in. If you did choose to do this, most likely it would be best to get the assistance of an attorney. There's no guarantee you would prevail, but those are your options.

whoa whoa whoa.. slow down here.. theres alot going on here...

First off... Why did your insurance take so long? Are you saying that you called them day one... didnt start repairs or anything until they looked at it.. and then they just took a month? If thats the case.. yes.. this was wrong....

Now... im thinking thats not the case.. im thinking you probably wanted to go through the other guys insurance or something at first so they couldnt help you.. or you got repairs before you were authorized (you know you cant do that right? you have to wait until they see it and do an estimate!).. any of these reasons then they had every right not to do anything... because they couldnt! you didnt give them the opportunity too!

Now.. the other company doesnt have to accept liability, they have a right to do an investigation and decide accordingly...here is what happens in that case... your insurance pays for your repairs... and then they have a third party come in and here both companies arguments.. and then they pick the final liability.

To answer your question shortly.. Yes.. sure you can do a bad faith claim against your insurance.. but honestly.. i really doubt they did anything wrong.

As far as the other insurance.. theyve made their decision. You need to go through your insurance and let them fight it out.. you cant just "sue" the insurance company... well again.. you technically can.. but good luck with that. Thats what you pay your insurance for.

Ignorance on your part doesnt mean they did something wrong. Open your eyes for a second and take into consideration that there is a possibility that you are part of the problem.

Double check the police report and speak with the supervisor of the adjuster of the OTHER insurance company. Find out if the other person was cited. Ask them why they believe you are 70% Negligent. You can take it to arbitration if you would like. Depending on what state you are in, you could sue the guy that you hit, but I would recommend fighting with the insurance company also. Keep track of every penny that you are spending as part of fighting it. Also, where did you have the repairs done at. If it is a shop that is approved by your insurance, they should pay for the repairs only. (not the rental car that you had during that time) $400.00/day seems excessive for a rental car. Make sure that the rental car company knows that you are having your vehicle repaired through your insurance company. Most insurance companies will only allow 25-30/ day. If you are still unhappy with the decision, then you could sue him directly. If you win, either he, or his insurance company would have to pay up. Good luck

If your insurance company paid any damage at all, then they will have to subrogate. (to read more on that go to http://www.auto-insurance-claim-advice.com/Subroga... ) This means that you auto insurance will have to take them to an arbitration panel to decide who was at fault for the accident.

If you have a police report citing the other driver for an impropert left, then he probably has more fault than you do. Ask your insurance to subrogate for your damages. This will end up in arbitration.

If your case goes to arbitration (free to you), then you can ask your insurance to add the bill of your rental car. If they win in arbitration, then they would have pay you back.

Hope it helps,

Well yes and no,

you did the right thing by reporting it to your insurance were you hurt and did you have to see a doctor? because if so you have the right to consult with a personal injury attorney. (I work for one) if its just damage that was done to your vehicle then you are better off sueing this person in Small Claims court where I belive you can name both parties the person and the insurance company. Just go to your local county website and browse through their website and find small claims in california you can claim up to 7,500 in damages with out paying an attorney becuase in small claims there are no lawyers allowed

hope this helps