My claim was denied by the other driver's insurance policy. I have been advised to sue in small claims court, but I do not know if I am supposed to sue the driver or the insurance carrier in the state of Oregon. Thanks.
2006-10-09 17:24:46 · 3 answers · asked by Brentleycutlet 1 in Cars & Transportation ➔ Insurance & Registration
In all states you sue the person you feel is responsible. Then their insurance steps in and provides them with a defense attorney as part of their policy. If you sue the insurance comopany they will file a motion to get it kicked because you named the wrong Defendant. You need to check with the court on how to serve suit papers on the person you want to sue.
You don't name the insurance company in the suit anywhere.
2006-10-10 12:19:33 · answer #1 · answered by Chris 5 · 0⤊ 0⤋
You sue the other driver and 'name' the insurance carrier in the suit. Damages and loss to your personal property were caused by the other driver, not his / her insurance company.
2006-10-09 17:30:05 · answer #2 · answered by scubadiver50704 4 · 0⤊ 0⤋
You can sue both, the driver since he is at fault, and his insurnace company as a responsible party.
2006-10-09 17:34:02 · answer #3 · answered by Anonymous · 0⤊ 0⤋