Defendant

[Neelou21]

PLEASE HELP

I am in California and I was involved in an auto accident with a man who was driving his employer's vehicle. His employer gave me their insurance information and the insurance company denies coverage. Do I sue the person whom I was involved in the accident with or his employer? And if I should sue the employer, do I go by the company name or the business owner's name?

 

[racer72]

Sue the driver of the vehicle, the registered owner of the vehicle, and the insurance company. When the facts are presented at court, the judge will decide who pays and who doesn't.

 

[I AM ALWAYS LIABLE]

Sue the driver of the vehicle, the registered owner of the vehicle, and the insurance company. When the facts are presented at court, the judge will decide who pays and who doesn't.

Racer:

I agree with you that our writer should "Sue the driver of the vehicle, the registered owner of the vehicle," but why should our writer name the insurance company in a lawsuit ?
What did the insurance company do wrong ?

IAAL

 

[racer72]

Now that I have thought about IAAL, you are correct. It would be up to the driver of the vehicle and/or registered owner to sue the insurance company if they lose in court and have to pay.

 

[JETX]

My $0.02 worth added....

If the 'employer' is a sole proprietorship (lets say the owner of Johnson Automotive is named Robert Johnson), you should sue as "Robert Johnson, individually, and d/b/a Johnson Automotive".

If the 'employer' is a corporation, you need to find out the Registered Agent for Service (check with your State's Corporate licensing or Secretary of State) as follows:
"Robert Johnson, Registered Agent for Johson Automotive, Inc."