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Auto Insurance Claims/Sue Driver in Small Claims Court?

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Expert: - 7/11/2009


Question
Hi.  I was rear-ended recently.  After hitting me, the driver pulled away from the scene.  When the cops arrived, he lied and told them he didn't rear-end me, but I cut him off (SO not true).  Regardless, his insurance company won't pay out on the claim, because he lied to them, too.  I have a ton of evidence supporting my case.  And I'd still like to sue for damages.  I would be doing this in small claims court.  My question is, do I sue the driver, or his insurance company?  And, if I sue him, and win, can I take that judgement to his insurance company for payment?

Answer
Hi Jill,

You would file suit against the driver in the caounty where he lives. If you win your case you will presend the judgement to the insurance company for payment. Your case will have two aspects. First you will have to prove liability (that the other driver is at fault) and then you will have to prove damages. So you willneed to bring repair estimates, rental car estimates, etc.

I hope this helps
Richard Hixenbaugh

Auto Insurance Claims

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Richard Hixenbaugh

Expertise

Auto insurance claims procedure, auto coverage, liability issues, auto damage questions, how to deal with the insurance company, loss of use and diminished value.

Experience

I have been involved in the insurance industry for over 25 years. I have experience in underwriting, sales, claims adjusting, auto damage estimating, auto value appraising and diminished value appraising. I have testified as an expert witness over 35 times.

Organizations
Society of Certified Auto Appraisers

Education/Credentials
Completed all required courses for the Florida Property-Casualty agents license and the Florida claims adjusters license. I have attended various courses on auto damage estmating, vehicle appraising and am ASE certified in collision damage analysis.

Past/Present Clients
My company has done work for consumers nationwide.

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