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Situation: Third party insurance claim. I am third party. Only property damage. He agrees 100% his fault. I filed a claim with his insurer. They don't dispute fault, but they insist on a settlement which I refuse to accept. (they insist on a total loss settlement and low amount, both of which I dispute because factually incorrect). I will be suing insured in small claims. I desire the judgment to be against his insurance company also, not just the insured. Reason is that they and not he, acted unfairly etc. Also because he could declare bankruptcy, rendering the judgement worthless). Thanks in advance to people replying.Thank you to the 4 people who have replied so far. Although they didn't cause the damage, I did file an insurance claim with them, went thru their process, etc, and they acknowledged their responsibility as insurer (they sent a check which I sent promptly back). Was thinking that this history might have legally created some sort of agency (they acted as his agent?), or maybe there's a fiduciary principle involved. Mr. Bregman's reply : ... "If they still fail to pay the amount of the judgment there may then be a right of direct action against the carrier. " is encouraging. But what right of direct action would I have against the insurance company to collect the judgment, if the judgment names only him and not the insurance company? Is there something in California law or insurance regulations that says his insurance company has to pay me directly on the judgment against their insured, as opposed to merely reimbursing him? Thanks in advance to anyone following up.
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