If my son was in an auto accident and the other driver was found to be at fault but because I only have liability his insurance will only pay half of the damages, what do I do?

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If my son was in an auto accident and the other driver was found to be at fault but because I only have liability his insurance will only pay half of the damages, what do I do?

Who do I take to court – the driver or his insurance company?

Asked on October 16, 2015 under Accident Law, Pennsylvania

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

It would be advisable to clarify that decision by the at-fault party's insurance company regarding only paying half your damages because the  person who told you that was mistaken.
Since the other party was at-fault, it is irrelevant what insurance you had or even if you didn't have insurance.  
You can reject settlement offers from the at-fault party's insurance carrier that you regard as inadequate, and file a lawsuit for negligence against the at-fault party.  The lawsuit for negligence should name the registered owner of the at-fault vehicle and the driver as defendants if the driver was someone other than the registered owner.
If the at-fault party's insurance carrier continues telling you that it will only pay half the damages due to your insurance, you can sue the at-fault party's insurance company on a bad faith claim.  Prior to filing a lawsuit on a bad faith claim against the insurance company, it would be advisable to file a complaint against the insurance company with your state's insurance commissioner.
 


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