Is there any instance in-which a person involved in an accident can file a bodily injury claim against the other drivers insurance company, as well as mine?
No. Your claim is against the other drivers. You cannot sue their insurance companies directly.
However, you may claim medical expense coverage under your own insurance policy.
Frank W. Chen is licensed to practice law in the State of California. The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult your own attorney.
you sue the other driver for their negligence and then they tender or turn over the lawsuit to the insurance company who defends the lawsuit.
Typically you would not sue your own insurance company. The lawsuit would be against the other driver. Evidence about the other driver's insurance is typically even excluded at trial. However, you might file suit against your own insurance company in the event that your insurance company refuses to provide you with uninsured or underinsured motorist benefits. In that case, you would proceed with an uninsured motorist arbitration.
That's right, you would only file a claim against the other driver's insurer. They have a duty to defend the driver and settle the matter if liability is undisputed. You would still need to report the accident to your insurance company. Also, if the other driver does not have enough insurance to cover your damages, your insurance would cover the difference if you have uninsured/underinsured motorist coverage on your policy.
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Actually, Yes. In certain cases, you may end up pursuing claims against both insurance companies: The other driver as well as your own.
In California if you have UIM (uninsured motorist) coverage and the other driver's policy is lower than yours, you may in fact pursue a claim against your own policy, under certain circumstances (other policies limit must be exhausted first)
Review Section (p) of Insurance Code 11580.2
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