Q: I’m in Pa. Do I sue the person reliable for the accident or their insurance company?
My son was in a car accident on 3-26-20. It was not his fault. The money the insurance is giving him for his totaled truck isn’t anywhere to put him back in the position before he was in the accident. He is 18 and works as a residential carpenter. He needs a truck. He had an antique truck he bought at a great deal it was in mint condition. I know insurance doesn’t pay sentimental value or anything such as that. But, he only had this truck for barely a month before the accident occurred. The money the insurance wants to give him is no where near enough money to buy a reliable and decent truck for his work. They did give him a rental for these past three weeks to use. But they just gave us the amount they are ready to pay last evening and want us to make a decision by Friday otherwise they close the case n he gets nothing.
A: The insurance company is not generally sued. The defendant, upon being sued, presents papers to their insurance company. This is not an uncommon situation, where the total loss declaration could overrule the possibility of repair (this is governed by state law - a Pennsylvania attorney could advise on that, but the post remained open for two weeks). The decision is yours to make, but if you accept the figure, they will likely require a release. Good luck
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