I want to file a small claim court for car accident. Shall I file against other driver or his insurance comp?
I had a no-fault accident going on a highway. The faulty driver dropped an ac machine on the road and 15 cars, including mine, are damaged by hitting various parts of the machine. Other driver took responsibility for his negligence but other driver’s insurance company (progressive) denied to pay in the arbitration stating that they don’t have enough coverage (total 000) to cover all 15 cars and arbitration somehow found that a reasonable excuse and didn’t force any liability to progressive.
Now my insurance company says they are not going to pursue any further. I have a police report clearly indicating the other drivers fault and therefore I am thinking of filing a small court claim for my deductible (0).
Shall I file the suit against the insurance company (progressive) or the other driver or both? Also how hard will it be to collect the money if I win?
Tagged with: arbitration • cars • excuse • insurance • insurance company • money • negligence • progressive • small court claim
Filed under: Personal Injury Claims Lawyer
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i would file against the other driver
You would not file against the other insurance company. It sounds to me like they have fulfilled their obligation to their policyholder. If the liability limit is $25,000 and they paid $25,000 (just not to you), they aren’t going to pay one cent more. Your claim is against the vehicle owner/driver, it is his fault he had minimal liability coverage, not the insurance company’s.
Winning a civil suit is one thing – collecting the award amount is another. If your insurance company isn’t interested in pursuing this matter, that’s a pretty good indication of the expected success of winning a case like this and collecting the money.
It is quite a complicated situation. Because you could even have to pay more when you lose the case. I think you’d better search more information about that. I believe There are many online info about this.
Let me help you with some websites that you could visit and learn about your case. I listed them on the source box below…
Hope you find your best solutions! Good luck!