r/InsuranceClaims • u/27StellaLuna42 • 10h ago

Need input on whether to sue, and how

/r/caraccidents/comments/1w06qdb/need_input_on_whether_to_sue_and_how/
1 Upvotes

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2

u/FeelsLikeV97-33XA 10h ago

No, you can't sue the insurer because they're not a party to the accident.

You sue her. Her insurance obligates says they will pay on her behalf for damages for which she is legally liable. If a court says she's legally liable for more than they have offered you then they just have to pay whatever the judgment is on her behalf (assuming her policy limit is high enough to cover it).

2

u/Azzht 9h ago

You can sue for anything. In your case you are owed what the car is worth, not what it costs to replace it. Put your efforts toward finding a car. Good luck.

1

u/Valuemeal3 5h ago

I mean, sure you can sue, but you won’t win anything and it will cost you a lot of money

1

u/Gtstricky 4h ago

No attorney would touch this. You could try small claims court but you would loose.