Q: Hi I have a personal injury case question regarding a car accident
My car was rear ended and was a total loss. I was taken to emergency room and diagnosed with acute head injury and cervical strain. Driver at fault was underinsured with $10,000 liability limit. Her insurance company is low balling the settlement for pain and suffering, loss wages and end of the car lease obligation payment.
I need to sue the driver for Negligence but what should be the Statuate for the District of Columbia Code suing the Insurance company?
Breach of contract? Unfair Claims Settlement Sec 31.2231.17 both or anything else?
A: You cannot sue the other driver’s insurance company for anything. You can only sue the driver. The driver’s contract with his/her insurance carrier has nothing to do with you. Their insurance company’s only obligation is to pay any judgment you obtain against their insured driver. The only time you can sue an insurance company for bad faith is if you are suing your own insurance company for breach of your policy of insurance in failing to settle a claim in good faith in your interest, and that failure resulted in a loss by you.
Evan S. Sloan agrees with this answer
A: I would get in contact with a local personal injury attorney and explain your situation. They will need much more information than you posted here to evaluate your situation, but should be able to advise you of all your options going forward.
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