Our insurance will not cover half of our daughter’s accident; do we need to sue the driver who lives in North Carolina or the insurance company? 2 Answers as of March 01, 2011

We want to sue to have the rest of the damages paid for because we believe that our daughter was not at fault for an accident that she was in, and the police report said that as well. Who do we sue for the rest of the settlement, the insurance company or the other party in the collision?

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Paul Whitfield and Associates P.A.
Paul Whitfield and Associates P.A. | Paul L. Whitfield
Your info is too scanty. What do you mean "rest of settlement?" What are the injuries? What are the bills? What are you calling settlement? Yes, you always sue the driver. The carrier will pay whatever the driver owes up to the limits of the policy. Call me with more details pls.
Answer Applies to: North Carolina
Replied: 3/1/2011
Beaver Holt Sternlicht and Courie, P.A.
Beaver Holt Sternlicht and Courie, P.A. | Mark A. Sternlicht
Suit would be against the driver, not the insurance company. If someone other than the driver owned the vehicle, it might also be appropriate to sue the owner. The insurance company will provide a lawyer to represent the driver and will pay the amount of a recovery, if there is one, up to the limits of the insurance policy.
Answer Applies to: North Carolina
Replied: 2/28/2011
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