Unless the vehicle owner was negligent in loaning the vehicle to someone that he knew was unqualified/unable to drive, your suit should be against the driver. California precedence has shown that a vehicle owner's duty is to make sure there is coverage on the vehicle and isn't held personally responsible unless they were blatantly negligent.
Who Do I Sue?
- Thread starter frankrizzo1
- Start date
- 215
I've only had my P&C license for a week, so am by no means an expert on this, but used to do a lot of litigation in a former profession.
From a practical standpoint if you sue the other driver and the insurance company is on the hook for defending them, they'll almost surely just rollover and pay you if its less than $1k. They'll spend more than that on an attorney to defend the claim.
From a practical standpoint if you sue the other driver and the insurance company is on the hook for defending them, they'll almost surely just rollover and pay you if its less than $1k. They'll spend more than that on an attorney to defend the claim.
- 11,280
If it were me I would sue Richard Bronstein. Somehow he had something to do with it...
- 483
- 7,790
x2.....great advice!
insurancesmarty
New Member
- 6
Do you have coverage to cover for damage to your vehicle? If so you can file a claim on your auto insurance policy and let your insurance company duke it out with the truck drivers insurance or with the truck driver himself. Initially you may have to pay your deductible until your insurance company can subrogate against the other insurance company.
FredRepr650
New Member
- 13
You should sue both the driver and the owner of the vehicle. Did you have full coverage? if you had full coverage you shouldn't even have to worry about anything like many others have said, let the insuarance companies "duke it out". If you had liability only you are under the same situation as me. My recommendation is to NOT be patient with the other insuarance, be demanding and stay on their tail.
I have a police report on my side, as well as my insurance company and a small claims court decision and I'm still in the process. I wish the best of luck to you.
I have a police report on my side, as well as my insurance company and a small claims court decision and I'm still in the process. I wish the best of luck to you.
This is the best route to take. Just remember that if you win a judgement you still have to collect.
I would think this would be the right route as well....
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