Legal Question in Personal Injury in Georgia
I was rear ended at a trafic light. Driver was age 23 with a learners permit and was cited. A police report was made.The owner of the insurance policy was not in the car. The insurance co. (Progressive) has denied my claim because of lack of cooperation from their insured - they can not contact their insured (in person, cold call, etc.). Who can I sue? The driver? Can I still sue the insurance co? I doubt I can find the insured. This would be small claims ($600).
2 Answers from Attorneys
Their insurance company obviously did not cause the damage to your car - the driver did. That is who you sue.
First of all, yoiu didn't state if you were hurt. If you were, stop talking to the insurer (Progressive is out to deny claims, not to help you) and get a lawyer.
If it is property damage only, depending on amount, either use your own insurance (if you were smart enough to get full coverage, which everyone should have), or, if the amount is small, sue the driver and owner in Small Claims Court. When you sue, send a copy by certified mail to Progressive, which probably does have a duty to defend.
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