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Can you sue both the insurance company and policy holder?

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Can you sue both the insurance company and policy holder?

Postby morty » Fri May 04, 2012 11:36 am

got into a accident, i was rear ended and sufferd whiplash and neck injury sueing his car insurance but not enough money for the type of injury i have, wanting to sue the driver to is this possiable?
morty
 
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Can you sue both the insurance company and policy holder?

Postby abban » Fri May 04, 2012 11:55 am

got into a accident, i was rear ended and sufferd whiplash and neck injury sueing his car insurance but not enough money for the type of injury i have, wanting to sue the driver to is this possiable?
Yes you can.
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Can you sue both the insurance company and policy holder?

Postby farrun » Fri May 04, 2012 11:57 am

You have to go to court and get a judgment in your favor. Once that is done your insurance company can file a claim for the total cost of your injury. I dont think this is technically suing a person but it is suing the insurance company for all damages that were the fault of the other driver. even if the have the most basic of insurance (liability only) they still have to pay everything. Once the accident was determined to be their drivers fault, the liability went on them. But you need to have that first judgment that the fault was not you own and that of the other driver. If they determine you both were at fault you will not get the total amount. Possibly just half.
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Can you sue both the insurance company and policy holder?

Postby russ26 » Fri May 04, 2012 12:06 pm

You can but do remember that there is no point in suing people who have no money.
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Can you sue both the insurance company and policy holder?

Postby connlyn » Fri May 04, 2012 12:09 pm

You don't sue the insurance company. They weren't driving the car. You always are suing the driver. The insurance company just covers his loss.
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Can you sue both the insurance company and policy holder?

Postby lyn » Fri May 04, 2012 12:11 pm

Yes, but are you saying that the driver has more money than the insurance company?
Good luck.
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Can you sue both the insurance company and policy holder?

Postby ealahweemah » Fri May 04, 2012 12:18 pm

Yes. Insurance companies are only liable to the limits of the policy. In many instances, drivers like yourself suffer injuries whereby the insurance company fails to adequately compensate the victim for his injury. When this happens, the injured party also sues the policy holder.

But the reality of it is in most cases, the policy holder does not have enough to cover the amount awarded in a settlement. You may win a "judgment" in court but if there is nothing to collect from the defendant, you'll get nothing. Most attorney's look into the financial health of the defendant before they decide to take the case because in most cases, attorneys in personal injury cases work on a contingency. If they determine that the defendant has empty pockets, they won't waste their time in a lawsuit. Good Luck!
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