Page 1 of 2 1 2 LastLast
Results 1 to 10 of 11
  1. #1
    Join Date
    Oct 2018
    Posts
    3

    Default What Happens if You Sue the At-Fault Driver's Insurance Company

    My question involves a traffic ticket from the state of:
    The accident happened in AL. Driver 2 hit Driver 1 (my car) while it was in the turning lane, police report shows Driver 1 (my car) was crossing street and Driver 2 hit it. Pictures from the scene of accident and video from gas station shows Driver 1 was already in the turning lane waiting for traffic to clear. Driver 2 tore my back end off and the rear driver's side is shattered. Driver 2's insurance denied liability because Driver 1 failed to yield. I filed a Small Claim against Insurance Company but they didn't answer what do you think this means?

  2. #2
    Join Date
    Oct 2016
    Posts
    3,283

    Default Re: Filed a Small Claims Against Insurance Company

    You shouldn't have sued the insurance company. They didn't run into you.

    You should have sued the other driver.

  3. #3
    Join Date
    Sep 2010
    Posts
    19,246

    Default Re: Filed a Small Claims Against Insurance Company

    PG is correct. The insurance company has no direct duty to you. You sue the other driver.

    I'm having a hard time understanding the actual scenario of the accident. You were turning where? Where was the other car? Just because you're "in a turning lane" doesn't remove obligations to yield to opposing traffic.
    In general, you're not supposed to enter the intersection if you need to "wait for traffic to clear" ahead of you.

  4. #4
    Join Date
    Mar 2013
    Posts
    17,210

    Default Re: What Happens if You Sue the At-Fault Driver's Insurance Company

    Quote Quoting Kelson4239
    View Post
    Driver 2's insurance denied liability because Driver 1 failed to yield.
    If you made the turn in front of Driver 2 and got hit then, yes, you failed to yield and you are at fault and responsible for Driver 2's damages. If there are any exculpatory details you have so far failed to share them.

    Quote Quoting Kelson4239
    View Post
    I filed a Small Claim against Insurance Company but they didn't answer what do you think this means?
    I'm guessing you sent or served your summons and complaint to the wrong place or person. Otherwise it would have been answered, if only to get it dismissed.

  5. #5
    Join Date
    Oct 2018
    Posts
    3

    Default Re: Filed a Small Claims Against Insurance Company

    Quote Quoting flyingron
    View Post
    PG is correct. The insurance company has no direct duty to you. You sue the other driver.

    I'm having a hard time understanding the actual scenario of the accident. You were turning where? Where was the other car? Just because you're "in a turning lane" doesn't remove obligations to yield to opposing traffic.
    In general, you're not supposed to enter the intersection if you need to "wait for traffic to clear" ahead of you.
    Let me see if i can show (write it) you..Driver 1 came out of private driveway, crossed over East street to turn left waiting in the turning lane for traffic coming from west bound (?) to clear. Driver 2 was going straight, and per her looked up too late, and hit Driver 1.

    So I need to do another claim against Driver 2?

    Let me see if i can show (write it) you..Driver 1 came out of private driveway, crossed over East street to turn left waiting in the turning lane for traffic coming from west bound (?) to clear. Driver 2 was going straight, and per her looked up too late, and hit Driver 1.

    So I need to do another claim against Driver 2?

  6. #6

    Default Re: Filed a Small Claims Against Insurance Company

    Excuse me, but why would you now be asking if you need to "due (sic) another claim against Driver 2" when you have been correctly informed that you have no cause of action (legal claim) against Driver 2's liability carrier?! *

    Also, unless I have overlooked something in your posts, you have yet to make clear as to what direction of travel and in what lane of traffic Driver 2 was proceeding at the time of the collision.
    ______________________

    [*] For purpose of clarification the reason that you have no legal claim against the other driver's insurance carrier is because all liability policies are written as indemnity agreements.

    Meaning that the insurance company's contractual undertaking is expressly couched in language to avoid direct liability to third party claimants such as yourself. The company sole commitment is to pay on behalf of its insured customer any judgments that may be rendered against the customer that are within the coverage and dollar limits of the policy. This in contrast to a third party beneficiary agreement.

    In fact because of the strong likelihood of prejudice, the presence or absence of insurance coverage cannot be alluded to in any stage of a tort action; neither in the pleadings nor during the trial. To do so in the course of a jury trial will result in an immediate mistrial with severe sanctions imposed upon the offending party.

  7. #7
    Join Date
    Mar 2013
    Posts
    17,210

    Default Re: Filed a Small Claims Against Insurance Company

    Quote Quoting Kelson4239
    View Post
    Let me see if i can show (write it) you..Driver 1 came out of private driveway, crossed over East street to turn left waiting in the turning lane for traffic coming from west bound (?) to clear. Driver 2 was going straight, and per her looked up too late, and hit Driver 1.
    The turn lane is for the use of east and/or west bound traffic for turning.

    It is not for people coming out of driveways to wait and merge into traffic (though many wrongly do it).

    That you pulled into the turn lane and stopped suddenly in front of Driver 2 who was rightfully in the turn lane means you failed to yield and caused the accident.

    You can, of course, go ahead and file your lawsuit against Driver 2 personally, but your chances of winning are slim to none.

  8. #8
    Join Date
    Oct 2018
    Posts
    3

    Default Re: Filed a Small Claims Against Insurance Company

    Hi again,

    You were correct. My issue today is: I no longer have my car the finance company repossessed it. Will I still be able to sue the at fault driver or chunk this up as a loss?

  9. #9
    Join Date
    Oct 2016
    Posts
    3,283

    Default Re: Filed a Small Claims Against Insurance Company

    You are free to sue whoever caused you damage.

  10. #10
    Join Date
    Oct 2014
    Posts
    7,425

    Default Re: Filed a Small Claims Against Insurance Company

    Quote Quoting Kelson4239
    View Post
    Hi again,

    You were correct. My issue today is: I no longer have my car the finance company repossessed it. Will I still be able to sue the at fault driver or chunk this up as a loss?
    If the accident caused you to suffer a loss, which includes the finance company getting less at the sale of your car to apply to your loan balance, then you may sue for that loss.

    1. Sponsored Links
       

Page 1 of 2 1 2 LastLast

Similar Threads

  1. Auto Insurance: Whose Insurance Company Should I Go Through, My Own or At-Fault Driver's
    By lexla in forum Insurance Law
    Replies: 2
    Last Post: 05-25-2017, 02:27 AM
  2. Traffic Accidents: At Fault Driver Cannot Be Reached by Insurance Company
    By Machinist2 in forum Accidents and Injuries
    Replies: 2
    Last Post: 05-18-2017, 12:04 PM
  3. Auto Insurance: At-Fault Driver is Not Responding to the Insurance Company
    By pearlheartgtr in forum Insurance Law
    Replies: 5
    Last Post: 08-12-2016, 07:50 AM
  4. Determination of Fault: Car Accident, at Fault Driver Not Admitting Fault to Insurance Company
    By denny33142 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 9
    Last Post: 04-02-2015, 08:28 PM
  5. Auto Insurance: The Other Driver's Insurance Company Says I'm at Fault
    By lotai in forum Insurance Law
    Replies: 1
    Last Post: 01-11-2011, 12:32 PM
 
 
Sponsored Links

Legal Help, Information and Resources