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FAQ: Can I sue the other person’s insurance company?

February 1, 2007 by Jonathan Stein

Q: I got into a car accident. Can I sue the insurance company for my medical bills?

A: Can you sue the other insurance company? No. Can you sue the driver of the other car? Maybe. Let me explain.

In California, you cannot sue the other person’s insurance company. You can do that in some states, but not in California.

You can, however, go after the responsible party for the damage that they caused. This includes medical bills, pain and suffering, wage loss and property damage. (If you did not have your own insurance, you cannot recover pain and suffering.)

If you only have a few doctor visits, write a demand letter and send it to the insurance company. If you have had more than a few visits, you should consult with an attorney.

Categories: Auto Insurance, Claims, Insurance and Claims FAQ, Personal Injury

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