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

Quote:

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Originally Posted by RDH106

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.

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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.