Fender bender, both customers are Progressive. They say we are each 50% responsible. I don’t agree. Do I sue the other driver, Progressive or both.

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: May 30, 2010

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Insurance Question from Charlestown, IN

Asked on 05/30/2010

Fender bender, both customers are Progressive. They say we are each 50% responsible. I don’t agree. Do I sue the other driver, Progressive or both. I was in a big box van, pulled to the left side of a residential street to turn right onto my property. I stopped, checked my mirrors, no cars in sight, proceeded to make the wide right turn, the other driver barreled around me on the right. I struck her driver's front and rear door. I had slight damage on my truck. I had checked my mirrors several times. She was following too close. Indiana law says not to pass on the right and large trucks have the right of way to make wide right turns. She is totally at fault. Do I sue her where she live, Louisville, KY, or sue Progressive? Thanks

Answer given on June 01, 2010

It sounds to me like you are at LEAST 50% at fault since you turned across the other vehicle’s lane of travel.  You did NOT have the right of way.  You can sue, but be prepared for the judge to find you 100% at fault so you will have to pay for all of the other driver’s damages and court costs.


To answer your question, you always sue the person or entity that you believe caused the damage.  Your insurance company did not cause the accident, they were not there at the time, the insurance company simply protects each driver from liability as per the contract with the driver or owner of the vehicle.  You sue the driver, and the insurance company provides for the defense, and will pay any judgment up to the policy limits.


However, I strongly advise you to consult an attorney in person before you file anything.

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