I filed an auto insurance claim and they sent me a check. But I want to sue the person who hit me myself. Am I able to return the check and have the insurance company send me a release letter saying they wont sue the person who hit me? Will they do that? Also am I allowed to get copies of my insurance paperwork from them?
I dont have an attorney. I am taking it to small claims myself.
Report about Auto Insurance information
You did not give enough information to answer. I assume that you have talked to an attorney about this suit. Ask him for the answer.
You need a lawyer. You pretty much already sealed the deal when you dealt with your insurance company… why would you want to go a more expencive route?
IF you are able to do what you want, which I doubt, you need to see how your premiums are going to be effected. I’d get with a lawyer asap.
Sure you can return the check, and sue the person directly. I”m sure the company adjuster would let you do that. BUT, you don’t have any right to their claim information.
Also, just because you might get a judgment in small claims court, doesn’t mean you will ever see any MONEY from it. And once you sign that paper to sue directly, you won’t be able to get the money from your insurer again.
Keep in mind, what you can collect, is limited by case law. So I hope you realize, some things your insurer isn’t paying you for, maybe, that you want to get paid for, are also things that you can’t get from the other party (like retail value rather than actual cash value).
Bottom line – likely, if you do this yourself, you’ll end up with LESS money in your pocket. Even if you get the judgement.