Can I sue both the insurance company and Parents of minor who was at fault of auto accident.

I was involved in an auto accident that totaled my vehicle. The person
who was at fault was a minor, and provided a insurance card at the
scene of the auto accident. The insurance was denied due to the at
faults parents listed her as a excluded driver under their policy.
Would it be worth it over a vehicle that was worth 5K? or should I be
able to deduct the loss on taxes?

Asked on February 23, 2016 under Accident Law, Georgia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

1) You don't sue the other party's insurance company, since the other party's insurer does not have (and therefore did not violate) any duty to you--their only duty is to pay for or defend their insured if their insured is sued, and if they fail to do so, then the insured (not you) can sue them for breach of contract. But whether or not the insurer pays, if you sue the other party--in this case, the parents or legal guardians of the minor, who are legally responsible for the wrongful acts (like being at-fault in an accident) of their minor child--and win, they will have to pay you.
2) For $5,000, it is likely worth it to sue in small claims court, on a "pro se" (as your own attorney) basis: small claims cases move quickly, and if you act as your own attorney, your costs will be minimal.

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