I was in an accident in Virginia and want to file suit.  Do I sue the insurance company of the driver of the other vehicle? Or do I sue the driver?

You sue the driver. Let me explain further.

In Virginia we have what is called an indemnity system. This means that you sue the person who caused the accident by being negligent. The negligent driver’s insurance company provides them with a lawyer. The insurance company pays any judgment against their insured up to the amount of the insurance coverage.

If the insurance is not enough to pay your bills then your own insurance might help. Read this about uninsured motorist insurance.


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