Q: My insurance claim was denied, can I sue both invloved parties?
I was in an accident on my escooter and got rear ended in an intersection. My scooter was trashed and is inoperable, and I sustainted bruises on multiple parts of my bodys left side and now have problems sleeping at night. The at fault vehicles insurance (the wife) denied my claim because the driver of the vehicle wasnt listed on the insurance. The at fault drivers insurance (the husband) also denied my claim for the same reason. Denied by both AAA and Progressive even though they are wife and husband. I don't know what to do next in all honesty. Can I sue both parties for damages? medicals bills? pain and suffering? I've lost out on multiple job opportunities because I no longer have reliable transportation. Had to sell my car (which did not have insurance, it wasnt being used) to pay for rent and bills. Lost a decent amount of weight because of how depressed its all made me. What can I do?
A: I'm sorry about your accident and the ordeal it has caused you. As my colleague states, the plaintiff can generally pursue both. With the denial you mention, one option could be to try to arrange a free initial, no-obligation consult with law firms that handle accident cases. You outline a number of issues/damages that could probably be better discussed in detail than through quick answers on public forums. Good luck
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
You have the option to sue both the at-fault driver and the owner of the vehicle, especially if both are potentially liable for your injuries. This can potentially include claims for vehicle damage, medical expenses, and pain and suffering.
You should collect every piece of evidence you have, including photos, witness statements, and any documentation related to the accident. Focus on proving the driver’s negligence and establishing the connection between your injuries and the accident. Reviewing any police reports and medical records will help strengthen your case.
Many courts allow claims for lost wages and emotional distress, which can address the financial and mental toll you’ve described. You can consider drafting a demand letter or consulting with a legal professional who handles personal injury suits in your state. Trying to work with the at-fault parties’ insurers one more time may help, but you always have the option to proceed with a formal lawsuit.
Tim Akpinar agrees with this answer
Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.
