If there was an auto accident that insurance won't cover, do we need to sue the driver or the insurance company? 4 Answers as of March 03, 2011

My daughter was involved in a bad auto accident. Her auto insurance is paying for half of the damages because they think that she is 50% at fault. We want to file a suit to have the rest of the damages paid for because we believe that she was not at fault, and the police report said that as well. Do we need to sue the insurance company or the person that hit her? Thanks!

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Diana K. Zilko, Attorney at Law
Diana K. Zilko, Attorney at Law | Diana K. Zilko
The lawsuit would be against the driver and vehicle owner, if they are not the same person. If you are sure your daughter is not at fault, then make sure you express this to your insurance company, and urge them not to pay out on the other party's claim. Sometimes they pay anyway, but communication is usually helpful. If you have any further questions, please let me know.
Answer Applies to: California
Replied: 3/3/2011
Law Offices of Michael Stephenson
Law Offices of Michael Stephenson | Michael Stephenson
You must sue the person who committed the negligent act. In this case that appears to be the driver.
Answer Applies to: California
Replied: 2/27/2011
El Dabe Law Firm
El Dabe Law Firm | Edmond El Dabe
I am sorry for the way the insurance companies are treating you. You can try to negotiate with the other driver's insurance company and ask them to accept 100% of the liability, but they probably will not accept that. You will have to file a lawsuit against the other driver.
Answer Applies to: California
Replied: 2/27/2011
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