Can I take the Insurer of the striking vehicle to small claims court?

Asked over 1 year ago - Chicago, IL

The striking vehicle insurance company states that our stories are different, so their client is not liable. I have to pay for the damages.

Attorney answers (9)

  1. Stephen Laurence Hoffman

    Pro

    Contributor Level 20

    9

    Lawyers agree

    Answered . Your best bet is to have your carrier pay and Subrogate versus the other driver's carrier. Small claims against the other driver may be tougher procedurally than you realize.


    Stephen L. Hoffman
    Law Office of Stephen L. Hoffman LLC
    Chicago, IL
    773-944-9737
    Email: stephen@hofflawyer.com
    Website: www.hofflawyer.com
    Blog: www.hofflawyer.com/blog/

    This answer posted on Avvo is for informational and educational purposes only. There is no attorney-client... more
  2. Kevin Coluccio

    Contributor Level 20

    10

    Lawyers agree

    Answered . You would need to bring your claim against the person causing the damages.

  3. Joseph Paul Giamanco

    Pro

    Contributor Level 11

    7

    Lawyers agree

    Answered . No, and if you do it will be quickly dismissed.

    If you want to pursue it you should do instead is file against the driver of their car. The other driver's insurance company will hire an attorney to defend them, because of this you should consider hiring an attorney as well or at least consulting with one. If you were a cause or partial cause of the collision you may also be counter sued - if this occurs be sure to provide notice of the lawsuit to your insurance company.

    If you had collision coverage for your car you would likely be better off letting your own insurance company pay to fix your car and just paying your deductible.

  4. Charles Joseph Michael Candiano

    Pro

    Contributor Level 20

    7

    Lawyers agree

    Answered . I agree with Mr. Hoffman. This is why you buy insurance. Have your car repaired where you know they will do a proper job, through your insurance and pay the deductible. Your insurance will get the money back and reimburse you.

    If this information has been helpful, please indicate by clicking the up icon. Legal Disclaimer: Mr.... more
  5. Christian K. Lassen II

    Pro

    Contributor Level 20

    8

    Lawyers agree

    Answered . You take the driver to court, or report it to your own insurance company to resolve.

  6. Keith Douglas Vance

    Pro

    Contributor Level 10

    7

    Lawyers agree

    Answered . No, you can make that insurance company pay the damages, but the lawsuit must be brought against their driver, then if that driver is found to be at fault, the insurance company could be made to pay.

  7. Jeffrey Ira Schwimmer

    Contributor Level 19

    6

    Lawyers agree

    Answered . You sue the owner and driver of the other vehicle, and if you win in court, their insurance company will have to pay you. By suing, you are not letting the carrier cause further delay.

  8. Lars A. Lundeen

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . No, you must take their insured to court.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

    This ans. does not create an attorney/client relationship.
  9. Joseph Andrew Brabender IV

    Pro

    Contributor Level 18

    1

    Lawyer agrees

    Answered . If you have collision insurance, your own insurer should resolve the issue. If you do not have insurance, the proper defendant would be the other driver, not their insurance company.

    Though we strive to provide accurate legal information in our answers on AVVO, our answer should not be construed... more

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