You can sue anyone. However if you have uninsured motorists coverage on your auto insurance the best thing to do is to file the claim on your UM then the insurance company will go after the other party and you won't have to. Once you make a claim on UM you will sign a subrogation form which then assigns the rights to recover damages to the insurance company and after that you cannot sue the other party. The reason I say to go through your UM coverage is that they will pay all legal fees and collection costs. If you try to sue them yourself and it doesn't work out you cannot then try to collect from you insurance carrier so you must make up your mind before proceeding. There is a small deductible on your UM but that will be refunded when they collect from the other party. It's usually way after you forget about and poof you get a check for $250. For full disclosure, I own and operate a small Independent Insurance Agency in Gordon, Georgia and have for 22 years. I also worked as an agent for a direct writer for 3 years before that.
Well Someone will sue you and the insurance will do something about it!
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yes. you can sue an at fault driver if his insurance company refuses to pay your claim. it would not be proper to sue the insurance company.
The other person can sue you because you are at fault for the accident.
Whether or not either of you have insurance has nothing to do with determining fault. One of you is at-fault and it is the responsibility of the at-fault party to pay for the damage they caused. Regardless if you are insured or not, if you are not at-fault in an accident you should retain an attorney and sue the at-fault party.
You can.
If you have comprehensive insurance, your policy will cover the damages (less a deductable). In this case, your insurance company will sue the at fault driver. You can also sue the at fault driver for damages (if you do not have comprehensive).
You do not sue the insurance company. Any suit is filed against the at fault party only. The insurance company will defend their client and pay damages according to the terms of the policy.
sue
Usually one cannot sue their own company if the accident was a fault of their own. If someone else hit you and caused you to hit the pole, the other person's insurance would be liable.
You can sue someone no matter what, but the thing is whether or not you will win the case in court. If you don't think you would win the court case if you sued someone, I don't suggest sueing.
Sue