Should the at-fault driver’s insurance compny be named when filing a small claims case after settlement negotiations have failed?

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Should the at-fault driver’s insurance compny be named when filing a small claims case after settlement negotiations have failed?

Asked on January 31, 2013 under Accident Law, Indiana

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country if you have a dispute involving an automobile accident, the driver of the other vehicle as well as the car's owner or owners should be named in a legal action but not the insurance carrier for them. The carrier only pays on a judgment and should not be named as a defendant in the small claims case you plan on filing.


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