Auto accident, happened may 18th 2009 filed claim with the other drivers insurance who was issued a failure to yield by the responding officer.

I had a accident on may 18th 2009 the other driver was issued failure to yeild citation via viewing the intersection cam by the officer, filed claim with his isurance and they have been giving the runaround the other driver intially said he wanted to pay out of pocket until he found out I will need a rental while car is being worked on, thinking of filing civil suite should I file on him and the insruance com or just him.

Asked on June 26, 2009 under Accident Law, Kansas


M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Although I do not practice law in the State of Kansas, the general rule is that anytime you are thinking about initiating a civil lawsuit it is advisable to have competent legal representation.  With respect to your specific quesition, if a lawsuit is filed against the other driver his insurance company should have attorneys that will handle the claim; therefore, it is not necessary to name the insurance company as an actual defendant, even though they will be liable for paying (within the applicable policy limits).  If you have damages in excess of the applicable policy, then the other driver's personal assets may be subject to a settlement/judgment. 

Once you retain an attorney to handle this claim, the insurance company is likely to take your claim much more serious.  Moreover, if the attorney determines that the best course of action is to file suit, he/she will be in the best position to navigate these rather tricky waters.  Therefore, in the intersest of obtaining the most favorable resolution of this matter possible I highly recommend that you consult with and/or retain an attorney to handle this claim on your behalf.

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