If your car is totaled in an accident caused by 2other cars, who do you sue?

UPDATED: Aug 24, 2011

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If your car is totaled in an accident caused by 2other cars, who do you sue?

2 cars who got into accident and both of them destroyed my parked car. The insurance companies are trying not to pay me because they are not getting in accord with how much percentage they are liable. I want to file civil case and let the judge decide. Who should I sue – the insurance companies or car owners?

Asked on August 24, 2011 New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You always sue the other drivers and/or the car owners (such as if the driver was not the owner). You do not sue the insurance company, since the insurer was not a party to the accident; rather they simply have a contractual obligation to defend their insured and pay (up to policy limits) if its determined that the insured is liable.

You have the correct idea, by the way; if there are two (or more) potentially at fault parties, you sue all of them; during the litigation, there will be an opportunity to discover information and determine the respective fault of each. Moreover, you don't care about their specific contributions--you want to get the money due you for the damage, and you don't care if A pays all, B pays all, they split it 50-50, etc. Sue them both, and let the apportionment get worked out later.

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.

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