Suing an insurance company

[johnevans]

What is the name of your state? VA

I am suing an insurance company and representing myself. The accident was a rear end collision for which the other driver's insurance decided not to pay (I was hit from behind). Long story short: I filed in small claims court (damages less than 1K) and the insurance attorney removed the case to General District Court. Moreover, they filed a motion to dismiss for 1. lack of jurisdiction and 2. because I was supposed to sue the insured and not the insurance company. The accident took place in DC. However, if I am resident in MD or VA and the insurance company does business in those states, shouldn't I have the right to sue in those states? With respect to suing the insured as opposed to the insurance, doesn't the insurace company take over liability on behalf of the insured? How should I respond to the motion to dismiss? Any help would be appreciated.

 

[moburkes]

Since the insurance company didn't cause the accident, you sued the wrong party. You sue the negligent party.

 

[johnevans]

re: proper party

May I add the driver to the suit? I didn't want to drag her into court because usually insurance companies take over liability for these type of accidents. Thanks.

 

[moburkes]

I'm not sure how you fix that particular mistake, but if you do a search through the auto accident forum, that question has been asked and answered quite a few times.

Also, the insurance company has a contract with their insured. Their insured hit you, and that's who you sue. If you win, the insurance company pays.

 

[alnorth]

Unless a representative of the insurance company hit your car, you sued the wrong party. You were supposed to sue the other driver, and ONLY the other driver. If the other driver loses, then that other driver has a private contract where the insurance company agreed to cover their liability up to the policy limit.

If the insurance company doesnt want to pay, legally that's the other driver's problem, not yours. The only time you ever sue an insurance company, is when YOUR insurance company fails to honor the contract that YOU agreed to and paid for. (e.g. they refuse to defend you in a lawsuit, or they refuse to pay a claim on your insurance contract)

I'm not sure if you can fix this mess by adding the other driver, or if you have to drop this lawsuit and start another one against the other driver, or what the procedure is from here.

 

[johnevans]

More questions

Thanks for the advice. If I do file a new small claims suit, in the proper jurisdiction and against the individual driver, will the insurance company then provide an attorney for the driver and take over the case?

How should I end the current suit and save face at the same time? Finally can someone familiar with DC/MD/VA region elaborate on jurisdiction. If the accident took place in DC involving a VA driver and a DC driver, why is VA not a proper venue for the suit? Assuming the insurance company was a proper party to the suit, would VA then have jurisdiction if that company does substantial business in VA and if the injured party is a resident of VA?

 

[moburkes]

DC has jurisdiction since that is where the accident occurred. If you kill somebody in FL, but you live in AK, FL has jurisdiction - you broke FL law, not AK law.

 

[johnevans]

What happens next

The defendants Motion to Dismiss asks th court to dismiss the suit and to grant defendant costs and expenses incurred in this case. If I (plaintiff - an individual) go to court and lose this case, will I be held liable for the other party's costs and fees associated with the case? Don't courts usually make each party pay their own legal costs? If I will be held liable, then I would want to withdraw the case entirely. Am I able to do that?