If your car is totaled in an accident caused by 2other cars, who do you sue?
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If your car is totaled in an accident caused by 2other cars, who do you sue?
2 cars who got into accident and both of them destroyed my parked car. The insurance companies are trying not to pay me because they are not getting in accord with how much percentage they are liable. I want to file civil case and let the judge decide. Who should I sue – the insurance companies or car owners?
Asked on August 24, 2011 New York
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
You always sue the other drivers and/or the car owners (such as if the driver was not the owner). You do not sue the insurance company, since the insurer was not a party to the accident; rather they simply have a contractual obligation to defend their insured and pay (up to policy limits) if its determined that the insured is liable.
You have the correct idea, by the way; if there are two (or more) potentially at fault parties, you sue all of them; during the litigation, there will be an opportunity to discover information and determine the respective fault of each. Moreover, you don't care about their specific contributions--you want to get the money due you for the damage, and you don't care if A pays all, B pays all, they split it 50-50, etc. Sue them both, and let the apportionment get worked out later.
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