I am an attorney in Washington state but I assume the answer would be the same in your state. You will need to sue the real party in interest which means the driver and you would also want to sue his employer under the doctrine of respondeat superior. However, if you have insurance you may want to turn this in to them and they will fix your car (minus your deductible) and fight with the other side for you. The only problem with this besides your deductible is that this may count as a filed claim on your internal record with your insurance company and may affect future rates.
You will have to sue both.
But before that- have you made a claim with your own insurance? The way it works is that once you make a claim with your own insurance (assuming you do have more than just liability insurance) they will fix your car. You will pay your deductible. Then your insurance will look to see who they can go after to recoup the moneys they have spend and in all likelihood, will make a claim with the trucks's insurance company. If they prevail in their claim, you will get your deductible back.
That woud be the easiest way to approach this.
I hope this helps-
Disclaimer: I am a lawyer licensed in the State of Illinois only, and I am not your lawyer (unless you have been in my office and signed a contract). This communication is not intended as legal advice, and no attorney client relationship results. Please consult your own attorney for legal advice. This is for entertainment purposes only.
You should hire an attorney to negotiate with the insurance company or to file suit on your behalf if the claim cannot be settled. Georgia has a 2-year statute of limitations, i.e., time limit for bringing a lawsuit related to an automobile collision.
Ultimately you will make claims and/or need to file suit against the semi company. You didn't mention what constituted the conflicting testimony but all witnesses will be deposed and only after sworn testimony will the be a determination if there is a conflict. My law firm handles cases against semi truck. Feel free to call me with any additional questions.
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