Can I bring a lawsuit against a companies insurance and the person driving the vehicle in a hit and run

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Can I bring a lawsuit against a companies insurance and the person driving the vehicle in a hit and run

Was in a hit and run the person was
driving a company vehicle.I am currently
suing the company’s insurance.my
question is can I also sue the driver?

Asked on February 15, 2018 under Accident Law, Iowa

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Your lawsuit for negligence should be against the company and driver.
You have separate claims for personal injury and property damage. Prior to filing a lawsuit, it may be possible to settle the case with the company's insurance carrier.  When you complete your medical treatment and are released by the doctor or are declared to be permanent and stationary, which means having reached a point in your treatment where no further improvement is anticipated, obtain your medical bills, medical reports, and documentation of wage loss. Your claim filed with the company's insurance carrier should include those items.
Compensation for the medical bills is straight reimbursement. The medical reports document your injury and are used to determine compensation for pain and suffering which is an amount in addition to the medical bills. There isn't any mathematical formula for determining the amount of compensation for pain and suffering. It depends on the extent of your injuries and whether you have fully recovered or have residual complaints.
Compensation for wage loss is straight reimbursement.
If the case is settled with the company's insurance carrier NO lawsuit is filed. If you are dissatisfied with the settlement offers, reject them and file a lawsuit for negligence against the company and driver. Since the company is primarily liable, you are correct about the driver getting off except that criminal charges can be filed against the driver for hit and run


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