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
Titus Thomas Nichols
Answered
  • Personal Injury Lawyer
  • Atlanta, 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.

2 users found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.