Is insurance obligated to pay?
Question Details:
We won a civil suit against the owner of a vehicle that totaled our car. They claimed the truck was stolen (no one in truck when police arrived) and their insurance would not extend liability to us because of that. Now that we have a judgment against them that states we have met the burden of proof showing that the owner was indeed driving the truck, is their insurance company legally required to cover our damages caused by their truck?
You may be able to bring a "direct action"against the owner's insurer under Chapter 516 of the Iowa Code. You need to bring that action within 180 days of entry of the judgment in your favor. You should take action as soon as possible to preserve your right to bring that claim. This chapter has specific requiements and may not be available to you. Youshoul contact an attorney as soon as possible if you want to pursue this issue.
