Legal Question in Personal Injury in Colorado

Personal injury and small claims court

I have filed a small claims case against an auto insurance company for injuries resulting from being rear ended at a stop light. I filed the case against the insurance company, and they are claiming the case will be thrown out by the judge, since I sued the insurance company. They are claiming I should have sued the driver, not the insurance company.

Since the insurance company is the party responsible for paying damages, aren't they the correct party to file the suit against, or should I have sued the driver instead?


Asked on 3/05/08, 12:38 pm

1 Answer from Attorneys
Philip Rosmarin Rosmarin Law Firm

Re: Personal injury and small claims court

Refile the suit against the negligent party, who likely is the driver who rear-ended you.

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Answered on 3/05/08, 10:02 pm


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