After an Accident, do I Sue the Truck Driver’s Employer or Insurance Company?

Unfortunately you never really get to sue the insurance company, unless you are suing your own insurance company for, let’s say, breach of contract, for not paying you on PIP (personal injury protection) benefits, or uninsured or underinsured motorist coverage.

The law doesn’t allow you to sue the insurance company directly, you’ve got to sue the trucking company. The claim is made against the company, you’re dealing with the insurance company, the insurance company pays everything, but when you go to the courthouse, the jury is not allowed to know “hey, I’m just here trying to collect the insurance that’s available,” because you’re not even allowed to tell the jury that there is insurance.

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