Do I sue the insurance company or the person who hit my car or both?
Country relating to Question: United States
State (if USA): California
Please accept my apologies for not addressing this issue. My typing leaves a lot to be desired and I was in such a hurry to get the Answer to you that I overlooked this part. I am sorry. Thank you for rating my service "Excellent" and the Bonus, I appreciate it greatly, In Answer to your question as to who you should sue, You sue the driver of the other vehicle only. Most individuals believe they should sue the driver's insurance company, however, this belief is incorrect because the insurance company has no duty to the injured party. The injured party, or the party suffering property damage must sue the party who caused the damage. Then the other driver notifies his automobile insurance carrier which steps in and defends their insured (the other driver) and pays any judgment entered against the other driver and in favor of the Plaintiff (You), who suffered damages to property. Please be kind enough to rate my service to you as "Excellent", If you rate me at anything less than 3 stars, it will appear as a negative rating against my name, If you need clarification, please let me know by pressing the "Reply" button, Thank you for allowing me to be of service, ANDREA
If you need clarification, please let me know by pressing the "Reply" button,
Thank you for allowing me to be of service,
25 yrs Personal Injury, Real Estate & Bus, Family Law, Criminal Defense, Immigration, Employment Law
Thank you for your response.
I also had a question about service. The case was filed in Los Angeles and the defendant lives in another county. How long do I have to serve the driver with the Summons?
Hi, and welcome back,
Be sure that you have someone over the age of 18 and who is not a party to the action serve the defendant (Other driver) otherwise it will be invalid service. The time within which to serve a defendant in another County is ordinarily the same as it is to serve a defendant living in the same County, but let me double check that. No need to respond to my Answer because it will take your question to the end of the queue
If you could let me know how long I have to serve the opposing party from the time I filed the complaint with the court I would appreciate it. Please let me know and I will add the bonus.
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The California Code of Civil Procedure requires that service be made on the defendant within 60 days of filing the summons with the Court and then filing the "Certificate of Service" with the Court. The Defendant will then have 30 days to file his Answer.
If Service cannot be made within the 60 days, the Plaintiff must file a "Certificate of Progress" with the Court
I wish you the best of Luck,
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