Skip to main content

I'm sueing her insurance can I also sue her personally because of everything she has put me through

Plymouth, IN |

I was on my way to work heading north bond had plenty time before I got to the intersection maybe 50ft away when it turned green as I entered the intersection a laddie blew her red light and had hit me in the passenger side spun around kept her foot on the gas and hit me in the rear of my car the insurance paid the car off I've been out of work now nearly a month I have a lawyer that's helping but I'm about to lose my house can't get a loan for another car I'm very depressed and can't control my panicking I have had to barrow money I been to the doctor about my knee and back had MRI done on knee and now can't even get my back looked at cause I have no money

+ Read More

Attorney answers 4


You are suing her. Her insurance company will be defending her through her insurance policy. The insurance company will be responsible for paying you any damages agreed to or awarded by the court. However, the insurance company will only have to pay to the limit of their coverage. If your damages are more than that you can pursue collection against her individually, but that is usually difficult. You have an attorney and should discuss your concerns and questions with him/her.


I am sorry about your accident.

The insurance stands in the shoes of the other driver up to the amount of the policy limits, so most likely you cannot sue the driver for funds if the there is adequate insurance.

Good luck.

AVVO DISCLAIMER I am licensed in Minnesota only and my answers on Avvo assume Minnesota law. The answers I provide are for general information only and are NOT INTENDED AS LEGAL ADVICE and therefore must not be relied upon. Legal advice must be based on the interaction between an attorney and client and specific exact facts and the law. I do not retain clients without a signed RETAINER AGREEMENT. The Avvo forum does not allow for the discussion and the interaction necessary to form a complete legal analysis. Therefore the answers given to any specific question would most likely be different if there was attorney-client interaction. The exchange of information through this forum does not establish such an attorney client relationship. An attorney-client relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged nor are they confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and statutory time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in the answers to any question, if you are an interested party you should promptly and personally consult with an qualified attorney for legal advice licensed in the proper jurisdiction. Finally, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference.


Only one case. Your lawyer is pursuing the claim, so contact your lawyer with any questions.

Only 29% Contingency Fee! Phone: 215-510-6755


Your claim will always be against the other driver because she is the wrongdoer who caused you injury and damages. Her insurance company will handle the claim and represent her. They are only responsible to pay up to the limits of their insurance coverage. If a jury were to return a verdict in your favor above the limits of the insurance policy, then you would have the option of pursuing the amount over the insurance policy against the lady individually. As others have said, that is usually pretty difficult.

Chris Wyant Attorney at Law Brown Tompkins Lory & Mastrian 608 East Market Street Indianapolis, Indiana 46202 317-631-6866 phone 317-685-2329 fax

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer