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?

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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 7 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).


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