Auto Insurance Claims: Sue Driver in Small Claims Court?, small claims court, repair estimates

Question
Hi.  I was rear-ended recently.  After hitting me, the driver pulled away from the scene.  When the cops arrived, he lied and told them he didn't rear-end me, but I cut him off (SO not true).  Regardless, his insurance company won't pay out on the claim, because he lied to them, too.  I have a ton of evidence supporting my case.  And I'd still like to sue for damages.  I would be doing this in small claims court.  My question is, do I sue the driver, or his insurance company?  And, if I sue him, and win, can I take that judgement to his insurance company for payment?

Answer
Hi Jill,

You would file suit against the driver in the caounty where he lives. If you win your case you will presend the judgement to the insurance company for payment. Your case will have two aspects. First you will have to prove liability (that the other driver is at fault) and then you will have to prove damages. So you willneed to bring repair estimates, rental car estimates, etc.

I hope this helps
Richard Hixenbaugh