Legal Question in Insurance Law in California

I was rear-ended. The person who hit me admitted fault and a cop witnessed the collision. Her insurance company is saying that they will probably be limited in what they can give me to cover the cost of the damage and if so, than i could sue their client if I wish. If it is not enough to cover repair costs, do I sue the insurance company or their client (the one who hit me) for the damage?


Asked on 11/02/15, 1:51 pm

2 Answers from Attorneys

It is well established law in California that you can never sue someone else's insurance company. An insurance company has no legal obligation, in contract, tort, or any other way to anyone other than their insured.

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Answered on 11/02/15, 3:32 pm
Edward Hoffman Law Offices of Edward A. Hoffman

You would have to sue the driver, since she's the one who hit you. The insurance company wasn't involved. It merely has a contract with her, to which you are not a party.

Be careful in your dealings with the insurance company. It may ask you to sign a release in exchange for whatever payment you're offered. Signing that release would waive any additional claims you might have against the driver.

Note that even if you sue the driver and win, she may be unwilling or unable to pay the judgment.

You may want to consult directly with a lawyer about your claim. That way you will be able to explain more about the circumstances, and the lawyer will be able to offer more concrete guidance.

Good luck.

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Answered on 11/03/15, 11:16 am


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