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I got in a car accident but my insurance company said I cannot sue the other party only they can sue. Is that true?

Jacksonville, FL |
Filed under: Lawsuits and disputes

I got in a car accident but my insurance company said I cannot sue the other party only they can sue. Is that true?

Attorney Answers 16


  1. If you were NOT at fault and were hurt your insurance company is wrong-please consult an injury lawyer.


  2. Did they tell you why? Unless the accident was your fault or your injuries are not severe enough, this does not make sense.


  3. YOu need to talk to a local personal injury attorney as soon as possible. You can sue if you were injured and you were not at fault. Insurance companies sometimes inherit your legal rights if they have paid you for damages - its called subrogation - and they can sue another person on your behalf. YOu need to talk to a lawyer right away.

    The information provided herein is for informational purposes and should not be construed to establish an attorney client relationship. To establish such a relationship, the prospective client would need to meet with me in person, and have a detailed discussion about all the facts and circumstances surrounding your case.


  4. That is against the norm.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff


  5. That is not true. If you incurred personal injury or other loss due to this accident, you can always bring a claim against the other driver. However, if you are talking about property damage, which was paid by your company, then they would sue for the property damages only and try to get your deductible back. If injured, also, you can apply for PIP benefits under your own policy to pay your medical bills and lost wages, if you compy with the PIP statute. If injured, seek out an attorney to represent you.

    This response is to provide general legal information and does not constitute legal advice nor should it be considered or viewed as forming any sort of attorney-client relationship and such information provided is viewable by the general public.


  6. Don't know why they would tell you such a thing. Whether you have a legal claim that will go anywhere depends on the circumstances. Consult a local attorney about your circumstances to evaluate your options.

    DISCLAIMER: We do not have an attorney-client relationship. Only those persons who have a signed written fee agreement and authority to represent with me is an actual client. This response does not form an attorney-client relationship, nor is it intended to be anything other than my educated opinion or viewpoint. It should not be relied upon as legal advice. I recommend you consult a lawyer if you want professional assurance that this information, and your interpretation of it, is appropriate to your particular situation. Do not act on any information in this response without seeking legal advice from an attorney in your area.


  7. Need more facts. You can only sue if YOUR ARE NOT AT FAULT. If you are at fault (100%) then, you will not be able to recover anything. Call some local personal injury attorneys and never take the word of an insurance carrier as being "correct."


  8. It's a legal decision, not one for the insurance company to make. See an attorney for an independent evaluation of any claims you may have,

    Attorneys on Avvo donate their time and your feedback is appreciated. Be sure to mark the "Best Answer" or Helpful" to your questions.


  9. As that appears to be completely wrong, you need to get a local area personal injury attorney to assist you throughout this claim. As some of my colleagues have pointed out, it sounds like you may have received some property damage to your vehicle that was handled by your insurance carrier. If so, they would want their money back for fixing your car and the process for them to do so is called subrogation. If you were injured, you should be able to collect from the other party that was liable for the accident. If you want to retain your rights to do so, hire a personal injury attorney. Best of luck.

    Mr. Crosner is licensed to practice law in California and has been practicing law in California since 1978. The response herein is general legal and business analysis.. It is not intended nor construed to be "legal advice" but rather it is analysis, and different lawyers may analyze this matter differently, especially if there are additional facts not reflected in 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. I am not your attorney until retained by a written retainer agreement signed by both of us. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.


  10. If you have been injured:You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. The Guides can be accessed through my profile page on Avvo.com.

    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.


  11. Never listen to an insurance company. Have a local personal injury lawyer investigate.


  12. That's absolutely false. If you were injured, consult an Avvo attorney in Jacksonville to assist you with your claim.

    Sending an email or posting a question does not constitute legal advice or create an attorney client privilege. The comments and opinions expressed in Elizabeth Munro's comments are intended for informational purposes only and do not constitute legal advice. Reading or using the information in this blog does not create the existence of an attorney-client privilege. Due to the changing nature of the law, the blog posts may contain dated material. For an update on the current law and the application of the law to your particular facts and circumstances, consult a legal advisor. The information contained herein is not a substitute for obtaining legal advice from a qualified attorney licensed in your state.


  13. Absolutely not. Find an attorney you like and get a free consultation about the merits of your case.

    I am a Florida attorney who practices in the areas of personal injury, criminal defense, and civil rights. You can call me to arrange a free consultation about your case if it is in one of those three areas. My phone number is 407-463-3506. My answers on Avvo are not legal advice, and they do not create an attorney-client relationship. If you contact me--please understand that I cannot contact you--then I will carefully evaluate your case and determine if I will accept you as a client. Unless you and I sign a contract for legal representation, then I am not your attorney of record, although everything (with certain exceptions--like plans to commit a crime) you tell me is protected by attorney-client privilege even if I don't accept you as a client. Furthermore, Avvo is a limited forum and not well-suited for complex legal analysis. You should always obtain competent legal advice from attorneys who will carefully evaluate all your case's specific facts. Avvo isn't the place for that. The hiring of a lawyer is an important decision that should not be based solely upon advertising. Before you decide, ask us to send you free written information about the lawyer’s qualifications and experience.


  14. It sound like your insurance company is claiming you were at fault for the accident. It is not true that you cannot sue another party in an automobile accident. However, if the accident was your fault, there are Rules in Florida which you will need to consider, which impose sanctions for losing a lawsuit. These include awards for attorneys fees and costs to the opposing party.


  15. I agree with Mr. Thompson and Mr. Lassen. Why would you take advice from an insurance company? You need to get legal advice. Contact a personal injury lawyer. Good Luck!


  16. That is false. You do not need your insurance company to file suit for you and they do not get to decide whether a suit gets filed or not. However, you should seek a local attorney who can speak with you to obtain the information needed to determine whether a lawsuit needs to be filed or if there are other means to obtain the same result you are seeking. Attorney's work on a contingency fee, and generally offer a free consutlation. I suggest you contact someone as soon as possible to avoid any unneccesary delays in this matter.

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