Legal Question in Insurance Law in Texas

individual or insurance company to small claims court

I was involved in a 4 car auto accident. I was the #2 car, and insurance companies of the #3 and #4 cars are both claiming the other is responsible and refusing to pay. My insurance company can't take them to arbitration on my behalf because my claim is less than my deductable ($1000).

In order to get money towards my claim from the #3 and #4 car insurance companies, do I take the individual drivers to small claims court or the insurance companies?


Asked on 6/16/09, 5:24 pm

2 Answers from Attorneys
Donald McLeaish McLeaish&Associates;, P.C.

Re: individual or insurance company to small claims court

you must sue the drivers..insurance only becomes liable IF the insured is liable...

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Answered on 6/16/09, 5:36 pm
Dan Street Street Law Firm

Re: individual or insurance company to small claims court

Unlike some states, Texas does not have "direct suit" of insurance companies, which means you must sue the driver (and in some cases, the owner) of the other vehicle, not their insurance company. This is called a "third-party liability" claim. However, if your own insurance company refuses to pay according to your policy with them (such as under Personal Injury Protection or Uninsured Motorist coverage), you may sue your insurance company directly. This is called a "first-party" claim because you have a direct contractual relationship with your own insurance company.

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Answered on 6/16/09, 6:02 pm


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