Can the insurance of the driver that hit my suv be held libel for damages even if I wasn’t driving?
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Can the insurance of the driver that hit my suv be held libel for damages even if I wasn’t driving?
On May5,2018, my nephew was involved in an accident while driving my suv.A driver hit him on the driver’s side.Both drivers were given a ticket.My nephew was ticketed for driving without a license.He was not on my insurance.I reported the accident to my insurance company. I was told an adjustor would come out and look at my suv.Noone ever showed up. Everyone is telling me that should not have reported the accident.A friend co-signed for me to get the suv. She is willing to sign any paperwork or form stating that all payments and insurance are made by me.I have talked to several lawyers they said I don’t have a case. Is there anything that I can do legally to have the repairs done to my suv?
Asked on June 9, 2018 under Accident Law, Louisiana
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
If you believe that under the facts of this case (i.e. the way the accident happened), the other driver was at fault, you can sue that driver for the damage. You sue the driver, NOT his insurer: his insurer is his insurer, not yours,, with an obligation to defend him in court and/or pay judgements against him, but has no obligation to anyone else. His insurer may voluntarily choose to pay claims, if it feels they are strong, so that they may as well pay them know, without the cost of a lawsuit, rather than potentially be sued, spend money on lawyers, then end up having to pay anyway, but it is, as stated, voluntary for them to pay unless you sue their driver and win. But while you can sue the driver, note again that he must have been at fault, and you must be able to prove fault in court.
You can't force him or his insuer to pay for your repairs up front--if they choose to do so, obviously, that would be good, but as discussed above, any payments made unless you sue, win and get a judgment in your favor are voluntary, so they could refuse to pay.
You also cannot force your own insurer to pay if your nephew was not a covered driver *and* was driving without a license: by allowing someone without a license to drive your vehicle, you violated your own obligations under your policy, and that breach allows your insurer to refuse to pay.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
If you believe that under the facts of this case (i.e. the way the accident happened), the other driver was at fault, you can sue that driver for the damage. You sue the driver, NOT his insurer: his insurer is his insurer, not yours,, with an obligation to defend him in court and/or pay judgements against him, but has no obligation to anyone else. His insurer may voluntarily choose to pay claims, if it feels they are strong, so that they may as well pay them know, without the cost of a lawsuit, rather than potentially be sued, spend money on lawyers, then end up having to pay anyway, but it is, as stated, voluntary for them to pay unless you sue their driver and win. But while you can sue the driver, note again that he must have been at fault, and you must be able to prove fault in court.
You can't force him or his insuer to pay for your repairs up front--if they choose to do so, obviously, that would be good, but as discussed above, any payments made unless you sue, win and get a judgment in your favor are voluntary, so they could refuse to pay.
You also cannot force your own insurer to pay if your nephew was not a covered driver *and* was driving without a license: by allowing someone without a license to drive your vehicle, you violated your own obligations under your policy, and that breach allows your insurer to refuse to pay.
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