I was in a small accident a few days ago. My insurance company said that I was not at fault and would notify the other insurance company that they won’t pay for the repair of the other car.
I have liability but none on my car, so my insurance company said that I need to deal with the other insurance company about getting my car repaired. I understand how that works, and that’s fine with me.
But trouble started with the other insurance company. Since I am just a little guy dealing with a big insurance company, they think they can push me around. They are claiming that the won’t take 100% responsibility for the accident, which means, they won’t pay for 100% of the cost of repairing my car.
I sent them an e-mail saying that a representative told me that they may not accept 100% responsibility, and they should come to a final decision quickly and let me know. I am thinking I need to sue them to get my car repaired.
I am thinking the insurance company is doing this, because the accident to my car is limited to the rear bumper cover, so if they bully me, I might give up and forget about the repair. I am just pissed off that a big company is trying to push around little people.
HERE ARE SOME QUESTIONS:
When I file a small claims suit, do I name both the driver and the insurance company as defendants? My reasoning is that the other driver is ultimately responsible, and the insurance company is acting as an agent in the matter, so I need to sue the other driver as well as the insurance company.
Do I need to notify them to show that I have tried in ernest to settle the matter before resorting to a lawsuit? I am thinking of sending them (both the driver and the insurance company) certified mail once that I want them to fix my car. If they don’t respond or don’t agree, file a lawsuit. I figure the insurance company won’t change their mind just because I pester them with letters or phone calls, so one certified mail should be enough. Besides, they can always pay up before the court date.