Legal Question in Civil Litigation in District of Columbia

automobile accident - property damage

I have a friend in D.C. who got into a car accident. SHe is not at fault. The other driver's insurance has denied her claim because the other driver denies he is at fault. Can she sue the other driver's insurance company in small claims court for the damage to her automobile? or does she have to sue the driver of the other car?


Asked on 9/19/01, 5:11 pm

2 Answers from Attorneys
Daniel Press Chung & Press, P.C.

Re: automobile accident - property damage

Suit is brought against the other driver. The insurance company will provide that person a defense and will pay any judgment that is awarded, up to the policy limits.

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Answered on 11/05/01, 8:56 pm
Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: automobile accident - property damage

She has to sue the driver of the other car. If the driver of the other car is not the car's owner, then she should also sue the owner. The insurance carrier will then provide a defense and pay whatever settlement or verdict is reached, up to the policy limits. If the insurance carrier acts in bad faith, it is possible to collect more than the policy limits. Seek the advice of a plaintiff's lawyer and good luck.

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Answered on 11/06/01, 10:21 am


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