Conway, SC asked in Personal Injury and Car Accidents for South Carolina

Q: A guy runs a red light and T-Bone you. Can you sue his insurance company and do a personal suit against him?

2 Lawyer Answers
Titus Thomas Nichols
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Answered
  • Personal Injury Lawyer
  • Marietta, GA
  • Licensed in South Carolina

A: You will want to consult with a Personal Injury attorney who is familiar with these types of cases. Although the driver is clearly at fault, his insurance company will not want to pay you a fair compensation.

Carole Jean Hayes
Carole Jean Hayes
Answered
  • Personal Injury Lawyer
  • Greenville, SC
  • Licensed in South Carolina

A: This is the way it generally works: You make a claim, without filing a lawsuit, with the automobile insurance company that insures the vehicle that the at-fault driver was driving. In other words, the insurance follows the vehicle. If they do not offer you what you want, then you file a lawsuit naming the at-fault driver as the defendant. You do not sue the insurance company, specifically, unless you are suing them for bad faith or another cause of action. Your cause of action for this auto accident lies with the at-fault driver. I hope that clarifies a bit for you.

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