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Can I sue another injured party in an accident if their delay is preventing driver at fault's insurance from settling with me?

Harbor City, CA |

I was involved in a car accident with a car and a pick up truck. The pick up truck driver was at fault according to CHP, my insurance and the insurance of the other car. I know all of my damages (property and injury) and am ready to settle. However, the driver of the other car has an attorney, and they haven't provided necessary documents to the pick up truck driver's insurance. His insurance says they can't settle with me until they get a claim from the other driver. It's been almost a year. Can I sue other driver?

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Attorney answers 7


Unfortunately in this country one can sue anyone for anything. The real issue is whether or not you will win if you sue the other driver.

Ask your attorney what the other driver did or failed to do that caused harm to you. If the answer is nothing, then you may lose the suit against the other driver.

Maybe the best course is to give the pickup driver's insurance company a deadline to either pay your demand amount you will file a lawsuit.

I suspect the pickup driver may not have enough insurance coverage for all the claims which is why her insurance company is waiting for the car driver's attorney to reach an agreement to settle.

Just remember, if you are going to sue to bodily injury, you must file your lawsuit before the second anniversary of the accident. If you are just suing for property damage, you have until the third anniversary of the accident. If you have both bodily injury and property damage, combine the claims into one lawsuit and file it before the two year anniversary of the accident.

If you are a potential client, the information you disclose to us by email will be kept in strict confidence and will be protected to the full extent of the law. Please be advised, however, that the Law Offices of Frank M. Nunes, Inc. and its lawyers do not represent you until you have signed a retainer agreement with the firm. Until that time, you are responsible for any statutes of limitations or other deadlines for your case or potential case.


I agree with response from Mr. Nunes. While you have the right to sue, if the insurance carrier is concerned that the total of all damages exceeds the amount of insurance coverage, they will wait before settling your claim. In that situation, if you have your own uninsured motorist coverage, you may be able to make an "underinsured motorist claim." I suggest that you seek consultation with a local lawyer to see what options you have. Good luck.


That is not true. You better get an attorney right now. The insurance company may be negotiating with the other attorney and not paying attention to you because you have no one to speak for you. Also, they may be leading you into the path of forgetting the Statute of lImitations. if you do not file your lawsuit within two years, you may lose your chance at recovery for your personal injury. Best of luck.

This answer is provided by Manuel A. Juarez, Esq., aka El Abogado de Divocios de California: 510-206-4492. It is of a general context and is not intended to form an attorney client relationship. I am licensed only in California. This information is good only in California and it is not to be taken as legal advice on divorce, family matters, bankruptcy or in any other type of situation. Esta respuesta es del Abogado de Bancarrotas, Manuel A. Juárez, 510-206-4492. Abogado Hispano de Divorcios, Abogado Latino de Accidentes, y Abogado de Bancarrotas de Oakland, Hayward, San Francisco, y California. Estas respuesta son solo para información general y no consisten en consejo legal sobre divorcios, mantención de esposas, mantención de hijos o bancarrotas. Las respuestas son comentarios legales que no forman una relación de abogado y cliente. Manuel Juarez, Esq., esta licenciado solo en el Estado de California.


You can sue a ham sandwich. Retain a local lawyer to look into a UIM claim. Good luck.

Licensed in PA & NJ. 29% Contingency Fee. Phone: 215-510-6755


You may sue however the insurance company of the other driver may deny coverage to its insured for failure to cooperate and or failure to file a claim in a timely fashion as per the insurance contract with its insured.

I highly suggest that you speak with a car accident attorney in your area.

Jasmine Gevorkyan
819-497-8565 direct

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.


I agree with the answer of Mr. Nunes. Giving the insurance company a deadline to respond may speed up the process of resolving your claim. Best of luck to you.


I agree with the responding attorneys. It would behoove you to retain a local attorney to represent you. People tend to have greater success in lawsuits if they retain an experienced attorney.

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