My daughter was in a car accident, in Texas, other guys fault. His insurance company under values the car which is a total loss. They refuse to negotiate Who is suppose to file the lawsuite me or my daughter. Oh yea it's my car and she is covered under my insurance.

Sir/madam

Best solution

Ask your insurance agent

He knows the working of your insurance company

Thanks

Hello RD:

Well, I think you. However, to avoid this problem, why don't you BOTH file the lawsuit?

excon

My daughter was in a car accident, in Texas, other guys fault. His insurance company under values the car which is a total loss. They refuse to negotiate Who is suppose to file the lawsuite me or my daughter. Oh yea it's my car and she is covered under my insurance.


The owner of the car is the only person who is damaged (suffers a loss) due to the damage to or loss of the car; the driver (and, of course, passengers) are the people who have a monetary claim for injuries.

Therefore, only the owner of the car can sue for its loss/damage and only the people actually in the car can sue for injuries.

The insurance company is bound by the Blue Book value of the car with a very slight margin for add ons, superior condition, etc. This becomes a problem if you have a borderline classic, car with extremely low mileage, lots of "add ons." It is almost impossible to get your money back.