Where and who to sue?

[enrio600]

What is the name of your state? NY
But acccident occured in New Jersey, another driver hit me while merging,
I don't have collision liability on my policy. other driver insurance rejected the claim
Can I sue his insurance in small claims court?
Also I'm in New York, the other party in Georgia, accident occured in New Jersey,....
What small claims court do I go to ?
Where I'm located or where the other party located or where accident occured?

Thanks in advance

 

[MandyD]

*

Why would you sue the insurance company? They weren't a party to the accident were they?

 

[lwpat]

You will sue the person and can sue either in GA or NJ. I assume that NJ will be easier for you. His insurance company will have to defend but will probably settle with you the day before trial. Check with the magistrate in NJ for the forms and limit on small claims.

 

[enrio600]

You will sue the person and can sue either in GA or NJ. I assume that NJ will be easier for you. His insurance company will have to defend but will probably settle with you the day before trial. Check with the magistrate in NJ for the forms and limit on small claims.

Thanks lwpat, one thing I dont grasp here : Does insurance co contractually obligated to defend their insured against small court claim?

Also do I have any recource other than going to court?
Is the 3rd party insurance claim denial could be reversed?

 

[Betty]

The ins. co. will defend their insured in court up to the insured's policy limits. They may settle out of court. Did you report the accident to your ins. co.?

 

[enrio600]

The ins. co. will defend their insured in court up to the insured's policy limits. They may settle out of court. Did you report the accident to your ins. co.?

I did, my insurance co didn't offer me much help though in filing 3rd party claim, being inexperienced with this kind of stuff I didn't know if I should've
asked them for a specific help

 

[lwpat]

Your insurance company will not get involved unless the other person makes a claim. They cannot give you any legal advice.