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Who do i need to sue here?
I was in an accident where the the vehicle that struck me was at fault. The vehicle was a total loss
The vehicle was driven by "DRIVER"
The vehicle was owned by "OWNER"
The vehicle was insured by the "INSURER"
All three are different people/entities. The insurance company appears to have a cookie cutter procedure to handle claims with standard questions and forms to fill out, but they are trying to avoid paying me for one particular item that was damaged, so i think i will have to send them a demand letter.
Who would i sue for the damages? the driver so that she can then make a claim herself? or should i go straight to the insurer?
In case anybody is interested, i am seeking damages for an extended service contract that was effectively destroyed since the vehicle was a total loss. The service contract was valid on condition of a period of time only , and bound to the vehicle by vin number. it had over two years of effective coverage remaining when the vehicle was destroyed.
I understand i can goto small claims, but who do i file the complaint against? the driver or the insurance company?
There is no venue of recovery via the service contract, its not covered under my aggreement with my insurance provider.
3 Answers
- Nuff SedLv 77 years ago
You sue the driver who caused the damages or injuries. Whether or not they have insurance isn't your problem. Their insurance would then take the claim in subrogation and attempt to settle.
This only gets complicated if OWNER is the employer of DRIVER or the accident was caused by some failure by OWNER, such as negligently allowing their 12-year-old to drive, or some maintenance problem. You can let the defendant driver try to "join" the owner as another defendant if they want to.
Your local personal-injury attorneys might help you figure out whether there is any sort of claim beyond what the insurance company is already offering, which should include the "replacement value" of whatever it was you claim you lost, including incidental and consequential damages (tow truck, replacement transportation, lost time and wages, attorneys' fees, collection costs, etc). The cost of your extended coverage might be considered part of the "cost basis" of the vehicle you want replaced.
- tonalc2Lv 77 years ago
It's your insurance company's job to get you reimbursement. If they're not, you could go to Small Claims to try to recover it. You'd sue the driver.
Have you tried contacting the extended service provider to see about canceling?
- Anonymous7 years ago
Contact your insurance company
