Your best bet is to have your carrier pay and Subrogate versus the other driver's carrier. Small claims against the other driver may be tougher procedurally than you realize.
Stephen L. Hoffman
Law Office of Stephen L. Hoffman LLC
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No, and if you do it will be quickly dismissed.
If you want to pursue it you should do instead is file against the driver of their car. The other driver's insurance company will hire an attorney to defend them, because of this you should consider hiring an attorney as well or at least consulting with one. If you were a cause or partial cause of the collision you may also be counter sued - if this occurs be sure to provide notice of the lawsuit to your insurance company.
If you had collision coverage for your car you would likely be better off letting your own insurance company pay to fix your car and just paying your deductible.
I agree with Mr. Hoffman. This is why you buy insurance. Have your car repaired where you know they will do a proper job, through your insurance and pay the deductible. Your insurance will get the money back and reimburse you.
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No, you can make that insurance company pay the damages, but the lawsuit must be brought against their driver, then if that driver is found to be at fault, the insurance company could be made to pay.
You sue the owner and driver of the other vehicle, and if you win in court, their insurance company will have to pay you. By suing, you are not letting the carrier cause further delay.
No, you must take their insured to court.
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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.
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If you have collision insurance, your own insurer should resolve the issue. If you do not have insurance, the proper defendant would be the other driver, not their insurance company.
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