should i sue the person responsible and/or the insurance company?

UPDATED: Oct 1, 2022

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should i sue the person responsible and/or the insurance company?

I had gotten in a car wreck in june. I was not responsible for the car wreck the
other party was. I had gotten his information down and his insurance told me he
had full coverage. While i got my car fix since it was completely destroyed i did
not have the money to pay for it and i lost it. His insurance company did not
contact me in till a month and a half later telling me that he had cancelled his
insurance. I have not been able to contact this man. I do know he is currently
going to all his court hearings.

Asked on October 18, 2018 under Accident Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You can sue the at-fault driver for any costs or losses you incurred: when someone is negligent or otherwise at fault in costing you money or damaging your property, they are responsible for those amounts. You cannot sue their insurer, because their insurer has no duty or obligation to you; you are not their client or insured. Their only obligation is to their insured (assuming his coverage was still in place) to defend him and/or pay on his behalf. If he feels they should be covering him but they are not, he could sue them for breach of contract, but you may only sue him.

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 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.

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