If my son was hit by a car, do we taketheir insureror the person driving the car to small claims court to recover damages to his 5k carbon competition bike?
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If my son was hit by a car, do we taketheir insureror the person driving the car to small claims court to recover damages to his 5k carbon competition bike?
Asked on November 29, 2011 under Accident Law, New York
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
You never sue the insurer (unless it's your own insurer, which is not honoring its obligations)--you sue the at-fault person, and if he or she has insurance, the insurer should step in to defend, to settle, and/or to indemnify (pay). You should first start by demanding (politely) payment from the driver--he or she may choose to pay, or may at least pass it on to his/her insurer, who may decide to pay. If not paid, then you would file a lawsuit naming the driver.
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