If I was rear-ended in an accident but then I found that I was not covered for rental car reimbursement, can I sue the other party’s insurer to recover that cost?

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If I was rear-ended in an accident but then I found that I was not covered for rental car reimbursement, can I sue the other party’s insurer to recover that cost?

Asked on August 17, 2014 under Accident Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You don't sue the other party's insurer: the insurer did nothing wrong, and owes no obligation to you (it's  the other party's insurer, not your insurer, after all). You sue the other party, if you believe they were at fault (they most likely were, if they rear-ended you); you can sue them for any costs or losses, including rental car costs, not otherwise paid by your own insurance. Their insurer provides a mechanism for them to pay for their defense and/or to pay fr any amounts they are found to owe you (or to settle the matter), but again, it is the other party itself, not the insurer, which you sue. For smaller amounts (those equal to or less than the maximum limit of your small claims court), you are probably best off suing in small claims, acting as your own attorney (pro se), since for amounts that size, the cost of a lawyer could equal or exceed what you hope to recover.


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