Legal Question in Insurance Law in California
My car was totaled in an accident. The value of my car is about $3000. I imagine that about $2000 of damage was done to the truck that hit my car. My insurance company believes that the other party is 100% at fault (I agree), but I don't have collision coverage for that car, so they won't negotiate on my behalf. His insurance company believes that we are each 50% at fault.
I think that my only recourse is to file a suit in small claims court in California. If so, whom do I sue? The insurer or the driver? Or is there a better alternative?
Asked on 9/12/16, 12:02 pm
1 Answer from Attorneys
You sue the driver. An injured party has absolutely no legal claims against the other party's insurer. The insurance company's obligations are solely owed to their insureds.
Answered on 9/12/16, 12:12 pm
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