What are the forms, and what is the court involved in suing

by macabia2004 » Sat Jan 23, 2010 10:51 pm

Insurance compnay of a driver that drove in to my house and came out the other side of it.
His insurance company are trying to avoid full payment for the repairs needed by relying on a false statement by their client that says some other car pushed him behind, and he lost control, and drove straight through my house.
My own insurance agent says that this is a way for the insurance company to ""protect" the interest of their own clients... Can I sue them for the full damages their client caused my house, and what are the exact forms, at what court?
Thanks.

Total Comments: 16

Posted: Mon Jan 25, 2010 11:58 am Post Subject:

You get upset too fast, and you do not read all that I said..

I'm not upset at all I do get frustrated, when someone asks a question (of people that have I don't know about what T between us, 50 years experience...?) and gets the same answer four times, but still think that they know better...why did you ask anyway?

Also this small claims thing..go for it..I've never seen a state that had a small claims limit higher than 15k or so...

Finally, You cannot sue the carrier..period...and win anyway, as T said, you'll never see a Judge...

Posted: Mon Jan 25, 2010 01:42 pm Post Subject:

The OP mentioned attorneys not being smarter then others. Outside of small claims court this could not be less true. But even in small claims court some good legal knowledge can be very useful. One thing that came to mind is Joint/Several liability. Don't know what state the accident happened in but this could apply.Many adjusters don't know about it either.

Posted: Mon Jan 25, 2010 09:40 pm Post Subject:

In this claim most certainly would have joint/ several would most certainly apply...

Posted: Tue Jan 26, 2010 04:06 am Post Subject:

Joint/Several liability



I used to hate these words. It never failed that a couple people driving around with a car full of people and state mininum coverage would end up in an accident and then strike one of my insured's tractor trailers that were minding their own business.

Then I changed professions. :D

Posted: Tue Jan 26, 2010 12:01 pm Post Subject:

I always hate these types of claims too...they are NEVER easy :wink:

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