Who would sue the part manufacturer because of a vehicle accident?

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Dec 9, 2011

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Insurance Question from Belding, MI

Asked on 12/09/2011

Who would sue the part manufacturer because of a vehicle accident? My truck was rolled due to the installation of the improper gear box that was mis packaged by the manufacturer. Does my insurance company sue the part manufacturer or do I? Can I claim it on my insurance and also sue the part manufacturer? Does my insurance company just pay me the value of my vehicle and then they proceed to sue the part company themselves without me involved?

Answer given on December 10, 2011

If you have an automobile policy on the truck that was damaged, and it included collision coverage, then the insurance company should pay for the damages to your vehicle, less the deductible. If the truck can be repaired then the insurance company will pay for the repairs. If it is a total loss, they will pay the actual cash value of the truck. If the insurance company determines there was a manufacturing defect that caused the damage to your truck, they may go after the manufacturer in an attempt to get their money back. If successful and they get full payment, then the insurance company would reimburse you for your deductible. This would be handled by the insurance company and should not involve you.Of course, you have the right to sue anyone for anything. However, if you are reimbursed for your loss, the time and expense you may incur for a lawsuit may not be worth it and may be denied if you were reimbursed.

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