Legal Question in Personal Injury in Colorado

Re: small claims court

It would be an unusual situation where you actually are suing the insurance company. Such a situation would be where your own insurance company failed to pay damages it was required to pay under your policy.

The typical situation involving and auto insurance carrier, like Farmers, is the case where another driver hits you. The other driver is insured by Farmers and Farmers refuses to properly pay the damages. In this situation, the proper defendant is the other driver, not his insurance, though ultimately it is the insurance that will pay the bill. In fact, in this type of a case, the mere mention of insurance can be grounds for a new trial if a jury is involved.

Not knowing any of the facts of the case, I cannot really answer the question better than that. If you have one of those unusual situations where you actually do need to sue the insurance company itself, you would name the insurance company as the defendant and would serve them through their registered agent for service of process. You can obtain this information from the Secretary of State.

If you want to provide more details, I might be able to assist you further.