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Should I sue the other driver's auto insurance for negligence along with the driver?

Ukiah, CA |

My car was T-boned by a truck that crossed over the double yellow lines to pass cars stopped at a red light because he was in a hurry to get into a turning lane. The police report states that he caused the accident and in his statement to the police he admits what he did. However, he lied to his insurance when giving them his statement, blaming me for the accident and they denied my claim saying I am 100% liable. Although I sent them the police report and they admitted it conflicts with the statement their driver gave, they won't do anything about it. I have a whiplash injury from the accident and some resulting medical bills and my car is totaled. It's been a month and a half and I am just about to file small claims paperwork. I did not have collision insurance due to the age of my car.

Attorney Answers 7


  1. You should contact a qualified personal injury attorney in your community. You would be suing the driver and his insurance company would be defending. Consult with an attorney and the attorney can share the best options for you.


  2. Before you file a Small Claims action, I strongly suggest that you speak with a personal injury attorney. A personal injury attorney will help you formulate your case and establish your causes of action, including negligence. Moreover, there are generally no costs or fees associated with a personal injury consultation. However, you should confirm with your attorney that that is the case before meeting with them. Good luck!

    To schedule an appointment for an attorney-client privileged consultation, contact me at 530-231-4949. This response is not intended, nor should it be construed as legal advice. Any information provided is for educational purposes only. The exchange of communications through Avvo.com and similar social media does not establish an attorney-client relationship with me or my office. Thank you.


  3. If everyone just told the truth and acted "morally," the world would need a lot less lawyers as well as locksmiths, police departments, and... well, you get the idea. People sometimes lie and insurance companies are not always your friend. When confronted with a lying driver who caused you harm and an insurance company that is unwilling to pay what it oughta, the next step would be to hire a local personal injury attorney.

    - Paul

    Paul J. Molinaro, M.D., J.D.
    Attorney at Law, Physician, Broker
    Fransen&Molinaro;, LLP
    980 Montecito Drive, Suite 206
    Corona, CA 92879
    (951)520-9684
    www.fransenandmolinaro.com / www.888MDJDLAW.com
    "When you need a Lawyer, call the Doctor"

    ** This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy.

    Paul J. Molinaro, M.D., J.D. Attorney at Law, Physician, Broker Fransen&Molinaro;, LLP 980 Montecito Drive, Suite 206 Corona, CA 92879 (951)520-9684 www.FRANSENANDMOLINARO.com and www.888MDJDLAW.com “When you need a Lawyer, call the Doctor” ** This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy.


  4. You need to retain a personal injury lawyer immediately. You can see now that insurance companies don't simply accept the truth and pay legitimate claims. They have to be forced to do the right thing and the way you do that is hire an aggressive and experienced accident attorney to advocate for you.

    Nothing in this communication should be construed as creating an attorney client relationship. This is for informational purposes only. Attorney will take no action on your behalf unless and until a written retainer agreement is signed. There are strict time deadlines on filing claims and, as such, you are advised to consult with and retain an attorney immediately to file such claims timely or you will lose any right to recovery.


  5. To directly answer your question, Mr. Coluccio is correct in that you would sue the driver and his insurance company would likely step in and defend the case on his behalf.

    I concur with my colleagues that you should retain an attorney. I wouldn't recommend you go at it alone in small claims court. You should also make sure you have completed all medical treatments before settling your injury claim. You mention you suffered whiplash injury. Are you still symptomatic? If so, make sure you get the medical care you need.

    If I can be of further assistance to you, please do not hesitate to contact our office. 1.800.405.1070 ext. 1 or 877-722-8074 ext. 1.

    All the best to you.

    This information is not, nor is it intended to be, legal advice, nor the formation of an attorney-client relationship.


  6. It appears to me that you need to consult with an experienced California auto accident personal injury attorney to review the details of your case. If you have been T-boned in the situation as you described it, then I see no reason for your being at fault in the accident. I have advocated for my clients for over 20 years, arguing against insurance companies of all sorts. You need a proper legal representation to prove your point. I hope that I can be of greater service to you in resolving your situation.

    Scott J Corwin
    (310) 207-4030


  7. Insurance companies aren't the richest companies in America because they pay out claims. Retain a personal injury lawyer to get you the compensation to which you are entitled. Retain a lawyer with a low contingency fee, less than 30%, so you are left with the lion's share of the settlement, not your lawyer.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com

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