If I was rear-ended while stopped at a red light and the other person’s insurance company refuses to pay my medical bills, do I sue them or their insurer?

Asked on November 25, 2015 under Accident Law, Arizona


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You sue the at-fault driver: that is the person who would be obligated to pay you compensation for his/her wrongful act (e.g. rear-ending you). You don't sue their insurer, because their insurer was not involved in the accident and has no obligation or duty to you; rather, the insurer's obligation is to indemnify (pay for) and/or defend it's insured (i.e. the obligation is to the other driver).

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