Legal Question in Civil Litigation in Kentucky
Traffic accident heading to small claims court .
I was involved in a traffic accident and have pursued all avenues with the defendant and his insurance agent and company. I am taking the case to small claims court in Kentucky. The accident happened in the defendants county of residence. I am filing in my county of residence as I am allowed according to my local court clerk. Do I name the defendant (driver/owner), the insurance agent, the insurance company, or all three. Thanks!
2 Answers from Attorneys
Re: Traffic accident heading to small claims court .
As a general rule, in an automobile accident case, you would only name the defendant driver and maybe the owner of the other vehicle if that person was not the driver of the other vehicle.
Re: Traffic accident heading to small claims court .
You sue the defendant and the owner of the car if they are not the same. You NEVER name the insurance company or agent during the trial or a mistrial occurs. The insurance company must pay the damages the driver/defendant is adjudged to liable for.
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