I got the shaft from some one who hit me in the rear who had insurance. They said I changed lanes quickly and then hit my brakes. It is true I changed lanes but it was a good five seconds later after I had to slow down. If I was not there he would have hit the car in front of me. HE HAD INSURANCE. The insurance would not pay. I could never resolve the problem because I could not find the person to serve the sepiana.
2007-11-08 01:29:36 · 11 answers · asked by south of france 4 in Business & Finance ➔ Insurance
You can sue but you will not win. You won't even get to the point where liability is discussed. The insurance company will have the suit dismissed. They have no obligation to pay you anything as their contract is with the other driver.
2007-11-08 01:37:43 · answer #1 · answered by mamatohaley+1 4 · 1⤊ 4⤋
You should have mentioned if you had insurance. If you had insurance, the provider will handle the subrogation of this claim, not you. If the insurance companies are not in agreement they will take this issue to an arbitration board to settle the dispute. Unfortunately the police reports ( in the state of Texas) do not show fault. There reports only show the facts of the accident. The determination is made by the adjuster. Some of the questions which pertain to this claim have been omitted due to time or knowledge. Did the Insurance company do a full scene investigation? Were there skid marks found? When you gave your statement did you incriminate yourself ? All of these factors will cause the insurance company to make a decision of denial. If this is the case. This decision is well documented with some or all of these determining factors. A suit brought against the insured will be determined by the insurance companies lawyers, and the judge of that proceeding. It is best to allow your insurance company to fight this fight for you.
My recommendation to you is, file a claim with your insurance provider. Pay your deductible and have your car fixed. Let the auto insurance providers for you and the other party fight is out in subrogation and arbitration.
2007-11-10 03:20:26 · answer #2 · answered by I-R-Adjuster 1 · 0⤊ 0⤋
If you have the police report to provide your insurance company, file a claim with your insurance company to get your car fixed. If your insurance company finds that the other person's insurance should pay, then they can go through a process of subrogation to get their money back from the correct "at-fault" party. Get your car fixed, then let the insurance companies duke it out.
2007-11-08 03:16:35 · answer #3 · answered by spicy_salsa69 5 · 1⤊ 0⤋
You do not sue the insurance company. It is not at fault for anything. If you sue the person who is at fault and if successful you get judgment against him and if he has insurance, the insurance company covers the loss for him.
2007-11-08 02:01:21 · answer #4 · answered by Anonymous · 2⤊ 1⤋
No, you can't sue the insurance company because they aren't the ones that hit your car. You have to sue him and then he would be the one to get his insurance to defend him. If you have insurance they should be handling this for you though.
2007-11-08 01:36:54 · answer #5 · answered by Brian A 7 · 3⤊ 1⤋
You can sue anyone for anything. But the insurance company didn't cause your injuries, so you'll lose that case.
You need to sue the guy who rearended you. THAT'S who you "sepiania". ANd that info should be on the police report.
2007-11-08 01:50:50 · answer #6 · answered by Anonymous 7 · 2⤊ 2⤋
were the police called? did you call YOUR insurance company? you should report this to your company and get your auto fixed. if the other person was found to be at fault, your company will subrogate back to the other persons company for repayment. let your insurance company do the work for you.
2007-11-08 01:38:23 · answer #7 · answered by Queen B 6 · 3⤊ 1⤋
Normally someone who rear-ends another is responsible for the accident. You can sue the insurance company, but it won't be easy. They are notorious for playing hardball and probably will put up a good fight.
2007-11-08 01:36:12 · answer #8 · answered by Anonymous · 2⤊ 3⤋
You didn't say anything about your insurance company (you did have insurance, right?).
2007-11-08 01:51:19 · answer #9 · answered by npk 7 · 2⤊ 1⤋
You can sue anyone, place or business, for any reason... Period!
2007-11-08 08:59:29 · answer #10 · answered by Regular Guy 5 · 0⤊ 0⤋