Expert: Anne - 3/31/2010

Question
The Limitation on Lawsuit Options states that, "you agree NOT to sue the person who caused an auto accident for your pain and suffering, unless" etc...

Does this mean that you agree not to sue, specifically, the person, person meaning the INDIVIDUAL HIMSELF who CAUSED the accident?  If you cannot sue the person unless you sustain a permanent injury, then can you sue their insurance company?  

Also, what if it is a no-fault?  What is the person who actually caused the accident has not been determined?  Are you still eligible to sue under the Limited Right to Sue, so long as you are under the policy guidelines?

Thank you,
Donna

Answer
Hello Donna,

Under what circumstances are you trying to sue? You are only bound by your own policy language, and which case, you must have a "uninsured" case.

If this is the case, you are bound by policy language and must follow the requirements of the Limitation to a lawsuit.

Usually this requirements simply give the insurer the right to intervene in case you disagree with their evaluation of damages.

If this is a no fault state or if the fault has not been determined, then the case is too early to take to court. You want to talk to a local attorney before deciding if you do or do not have a case.

For more about how to interpret policy language, please see:

http://www.auto-insurance-claim-advice.com/read-your-auto-insurance-policy.html

I hope this helps,

Anne
http://www.quirogalawoffice.com/