Can I sue someone if they're refusing to go through insurance?

"I was at fault in an accident with a classic car. The damage is going to exceed my property damage limit of $25,000. Can I sue the driver to make them go through insurance and avoid them suing me?"

Answer provided by
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Emily Maracle
Answered on Jun 18, 2021
Emily Maracle is a car insurance specialist living in New York. Originally from the Pacific Northwest, she has a degree in English Literature and a background in customer service. She enjoys cooking, gardening, and living sustainably. In the future, she can't wait to upgrade to a hybrid or electric car.
“If you haven’t already, you’ll want to file a claim with your car insurance company. Since you are at fault, part of their job will be to negotiate with the other party. They may be able to come to an agreement.
The other driver may not want to go through insurance due to a possible increase in their rates. However, you’ll still want to report the accident to your insurance. If they refuse to settle, you may need to hire a lawyer.
From there, you may be able to negotiate something that will still allow you to go through your insurance. You will likely have to pay the remaining damages out of pocket if you can’t settle for your property damage amount. With a lawyer, you may also be able to come to a different set of terms.”
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