If a drunk driver hit the car in front of me and I rear-ended that car but the insurer won’t pay saying that I should have been able to stop, is there anything I can do?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If a drunk driver hit the car in front of me and I rear-ended that car but the insurer won’t pay saying that I should have been able to stop, is there anything I can do?
Asked on November 24, 2014 under Accident Law, Pennsylvania
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
You can:
1) If it's your own insurer who won't pay you, you could sue them for breach of contract (violating their obligation under the policy, which is a contract); to win, you'd have to show that that under the plain terms of the policy and the circumstances, they are required to pay for the damage.
2) If it's the at-fault driver's insurer who won't pay, you'd have to sue the at-fault driver and show in court that he or she caused your damage. (You don't sue another driver's insurance directly; you sue the driver, and the insurer steps in to defend and/or pay for that person).
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.