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  1. #1

    Default Can an Injured Passenger Sue the Driver's Insurance Without Suing the Driver

    In Massachusetts, can an injured person (passenger in a car accident) sue the driver's insurance company directly without having to sue the driver personally?

    I know that states can either be "direct action states" (allowing direct suit against the insurer) or not, but I haven't been able to figure out whether Massachusetts is one or not, even after reading through much of chapter 175.

    Basically, my question is: do you need to sue the insurer through the driver? Or can you just directly sue the insurer?


    Thanks in advance!

  2. #2
    Join Date
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    Default Re: Can an Injured Passenger Sue the Driver's Insurance Without Suing the Driver

    Are you talking about a claim to try to recover medical benefits (or something similar) from the driver's insurance, or are you asking about a claim to try to recover for "pain and suffering" resulting from your injuries in an accident caused by the driver?

  3. #3

    Default Re: Can an Injured Passenger Sue the Driver's Insurance Without Suing the Driver

    We want recovery under the insurance policy (to the policy limit) for medical expenses, permanant injuries, and pain and suffering. The driver was at fault, but I believe there is an applicable no-fault clause.

    We tried to settle with the insurance, but they have not responded and now we are trying to figure out if we can just sue the company or if we have to sue the driver to get at the insurance. We'd like to just sue the company if possible.

  4. #4
    Join Date
    Mar 2009
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    Key West, FL
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    2,350

    Default Re: Can an Injured Passenger Sue the Driver's Insurance Without Suing the Driver

    The insurance company owes you no duty, you are not a customer of the insurance company, they owe you nothing. The insurance company was not driving. The insurance company was not negligent.

    You sue the driver. The insurance company will make a determination if they cover the incident, and if so, they will represent the driver and pay any settlement or judgment that results.

    You should have an attorney to do all this and worry about the law. Personal injury lawyers will take almost any case.

    If you can't get an attorney, you don't have much of a chance pro se. This is not a small claims case. You need all sorts of expert witnesses if it goes to trial and you'll never get them even if you have the thousands of dollars they will cost you.

    PS: The insurance company is never going to settle for the "policy limit". They will fight you every step of the way. Of course they will ignore you. They will always ignore the clueless until they are forced into court. If you are pro se, they will never settle.

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