Auto Insurance Claims: Follow up question - Wheel came off of a towed car, bodily injury liability, tow truck driver


Question
I have insurance for Bodily Injury Liability, Property Damage Liability, Medical Payment and Uninsured Motorist Bodily Injury.  

The police report said the Party 2 (tow truck and driver) caused the accident.  I sent letters to the driver and the owner listed on the report saying I will recover my cost either from their insurance company (AAA) or from them.  The boss of the tow truck driver told AAA he borrowed the tow truck from a friend and he will pay for the damage.  AAA said they are not responsible for the accident and gave us the cell phone number of “the boss”.  The boss doesn’t return my calls.  I don’t know his last name and his business address.  I don’t think his business is registered with the DMV.  What should I do next?  How do I recover my cost?

Thanks,
Ping  

Answer
You need to file suit against the owner listed on the report.  That is the person who is liable.  Use the same address as you send with the letters.  All this over stuff they are trying to throw out there about someone borrowing the truck, etc. means nothing.  The owner of the truck is responsible.  The judge isn't going to care about any of the other stuff.  You'll need to make sure that AAA receives a copy of the suit.  If they insure the truck, then they are responsible.