I was in an accident with a company car. Who do I sue, the company, the driver or both?

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I was in an accident with a company car. Who do I sue, the company, the driver or both?

The damages in the accident were only property. Currently, the insurance company is being unreasonable. They want me to accept partial fault for the accident even though I did not breach any of my duties. If they refuse to accept full liability and I decide to persue a law suit who do I sue?

Asked on May 15, 2009 under Accident Law, Colorado

Answers:

N. K., Member, Iowa and Illinois Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

If you would pursue a lawsuit, know that Colorado follows a system using the modified comparative negligence – 50% rule.  In states following a modified comparative fault – 50% rule, an injured party can only recover if it is determined that his or her fault in causing the injury is 49% or less, with the resulting damage award reduced by the injured party’s amount of fault.  If the injured party’s fault level reaches 50%, he or she cannot recover any damages resulting from the accident.

Consult an experienced personal injury attorney in Colorado for advice on your particular situation.

You probably would want to sue both parties since both may share liability. In Colorado, if more than one person is negligent toward you, each person who has been found negligent to you is responsible for a proportional amount of the total damages.


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