Speeding

Failure in a car accident and sue in small claims court for damages

A friend had an accident involving a car and headed to only permission (illegally, because no one else was in the car). The accident was caused by another driver who violated the law by being on the wrong side of the road. My friend never hit another car, but swerved and hit a guardrail. No damage to the car, which only has liability insurance. If the company other drivers denies the claim against the driver on the wrong side of the road or only paid in part, may sue the driver directly in the courts minor amount of damage? Can he succeed? This is in PA. Two witnesses to corroborate my statements made friends and there was no speeding or other factors at work.

Yes, you can sue the driver. The insurer will not offer a partial payment without the release and the release will avoid the lawsuit. If she refuses to release the driver can be sued. The insurer defend and pay any award. Whether your friend is going to win you can not tell because there are too many variables.

Range Resources answers questions on speeding trucks