What to do if an insurer is taking their client’s side regarding a car accident?

Son got into an accident on the freeway. A lady lost control of her car and caused him to hit her. She is claiming she was hit by another driver who continued on their way. Son says she did not hit the other car but drifted into their lane and the other car swerved out of her way to avoid hitting her. She over corrected and that is how she lost control. Insurance company is claiming the He Said/She said rule and are siding with their client. They have no proof that their client was hit by another car. Who do I sue?

Asked on November 30, 2011 under Accident Law, California


Steven Rinehart / Western IP Law

Answered 9 years ago | Contributor

You need to sue the lady who lost control, rather than her insurance company.  Her insurance company will then step and pay for her defense, and more than likely, settle the case.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.