Quoted:
Quoted: If they refuse to pay a claim of one of their clients, because they said there is not enough in the police report to show fault? I can prove it in court, but instead of suing the person can I sue his insurance company for not paying the claim?
Has anyone else done this? Do you sue the Insurance Company directly? It involved bruises and pack pain of the two passengers with me, so could I ask for some type of damages?
Just seeing what experiences you guys have had.
Thanks!
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Normally you have to sue the other driver, then his insurance company is required to pay for a lawyer to defend him and pay any judgment you obtain up to the limits of his policy. Based on your description you do not appear to have a direct cause of action against the insurer. Also you cannot bring a suit for other people's injuries unless they are your kids, or something like that.
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FIRST of all, get your own lawyer.
Aimless is correct.
I'll only add that the you will need to sue the other driver claiming he is liable for the accident. His insurance company has a duty to defend its insured--the other driver. They will defend on the issue of liability or that there is no coverage as matter of contract law and that they are not responsible to their insured. Their insured may then have a lawsuit against the insurance company, but YOU likely don't.
YOU may have a judgement then against the insured, but with no insurance to pay the judgment. If the insured has no coverage, you may then be left with an empty judgment.
I'm not enirely sure whether you may argue that coverage exists directly (either directly in the principle lawsuit or whether you may intervene in any suit by the insured against the insurance company) as you are not in privity with the insurance company--only the insured is as a matter of contract law.
So, like I said, you need a platiniff's lawyer from your own state that can prosecute the case.