Your suit would be against the driver and owner(s) of the vehicle that hit you.
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If you suffered injury you should contact a personal injury attorney.
You likely have uninsured motorist coverage on your vehicle. If the other company is denying coverage because of lack of cooperation of their insured then you can make an uninsured motorist claim.
If you did not have uninsured motorist coverage things become much more problematic. One option is small claims court.
Depending on the nature and extent of your injury, I would suggest you may want to discuss your matter with a personal injury or car accident attorney to learn what options you have.
The information provided is for general informational purposes only and is not intended to be legal advice. I am only licensed in the State of California and I am not providing you with specific legal advice. The law changes frequently and varies from jurisdiction to jurisdiction. Being general in nature, the information provided may not apply to any specific factual and/or legal set of circumstances and/or the jurisdiction where you reside. No attorney-client relationship is formed nor should any such relationship be implied. The information provided is of a general nature is not intended to substitute for the advice of an attorney, especially an attorney licensed in your jurisdiction. Your question, although you may believe is simple, it is not simple. You require legal advice, please consult with a competent attorney licensed to practice in your jurisdiction.
You can consult with a local attorney. If big enough for them to take the case, great. Otherwise you can put a demand package together to send to the other ins and try to settle the claim. If they wont make a reasonable offer, you can then sue the owner and driver of the car. You can get no more than 10k for property damage in Small claims court, and no more than 7500.00 for injury.
Sue the driver. Best of luck.
This answer is provided by California Auto Accident Attorney Manuel A. Juarez, Esq., These answers are not intended to form an attorney client relationship. Manuel Juarez. Esq., is licensed only in California. He practices in Antioch, Berkeley, Concord, Oakland, Hayward, Martinez, Newark, Richmond, San Francisco and San Rafael. This information is good only in California and it is not to be taken as legal advice on car accidents, personal injury, divorce, bankruptcy or in any other type of situation. Esta respuesta es del Abogado de Accidentes de Autos, Abogado de Lesiones Personales, Abogado de Heridos en Accidentes de carros, Manuel A. Juárez, Abogado Hispano de Accidentes, Abogado de Divorcios, Abogado Latino de Accidentes, Abogado de Accidentes de Oakland, Hayward, San Francisco, 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. El abogado de lesiones y heridos en accidentes de autos, Manuel A. Juarez es licenciado solo en California.
You can sue only those parties you know about. If you obtained his driver's license number you should be able to locate through the DMV. Suing the insurance company will get you no where as they have a duty to defend and indemnify the insured driver. Often your insurance company will perform inter company arbitration to determine liability for the accident, which will often decide the deductible payment. The SIU or special investigative unit may follow up on that accident to verify facts, and can help you with the investigation. Certainly a CA licensed attorney should be consulted for the procedural and substantive know how.
If you were injured in an accident that caused by the negligence of another driver, you can absolutely sue the other motorist for any damages incurred to you or your property. You should consult with a personal injury attorney to review the facts of the case and proceed from there. Without more information about the other motorists insurance coverage or your own for that matter, it would not be fair to you to give you an off the cuff response. I offer free consultations to all victims of motor vehicle accidents to help people understand their legal rights following an accident. I wish you the best of luck.
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