by ingrjc1 » Thu Apr 09, 2015 05:05 pm
Hello,
I have a thread below where I discuss a case of "contributory negligence" in North Carolina on an auto claim I filed against the other drive's insurance. I won't get into all those details again, but essentially the insurance company is finding my daughter partially responsible (at least 10%) and therefore in NC, they can bar you from receiving compensation on the claim. She was backed into (broad sided) while driving through a parking lot. The insurance company is saying that "she should have seen the other vehicle." I disagree based on the evidence. My real questions now:
If I decide to go to small claims court, do I sue the Insurance company or the other driver?
If I file in small claims court, can I also file a claim under my insurance collision policy?
Thanks for any help.
I have a thread below where I discuss a case of "contributory negligence" in North Carolina on an auto claim I filed against the other drive's insurance. I won't get into all those details again, but essentially the insurance company is finding my daughter partially responsible (at least 10%) and therefore in NC, they can bar you from receiving compensation on the claim. She was backed into (broad sided) while driving through a parking lot. The insurance company is saying that "she should have seen the other vehicle." I disagree based on the evidence. My real questions now:
If I decide to go to small claims court, do I sue the Insurance company or the other driver?
If I file in small claims court, can I also file a claim under my insurance collision policy?
Thanks for any help.
Posted: Thu Apr 09, 2015 11:57 pm Post Subject:
You file against the other driver in the NC as they caused your loss... not the insurance company.
You can small claims court but only for your actual loss. If your carrier pays you in the meantime you cannot claim the amount they paid. Also, your carrier would not like you trampling on their right of recovery. You could sue for your deductible and any other out of pocket expenses.
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