Car Accident Lawyers Must Sue Driver Can’t Sue Insurance Company


Car accident lawyers in Minnesota are often asked how to sue the auto insurance company of the other driver.  Unfortunately, in MN after a crash you have to technically sue the other driver not the driver’s car insurance company, even though the insurance company is ultimately responsible.

The basic reason for this is that is the law in MN. However, a more complete answer includes the reason behind the law: The insurance company of the driver at fault did not cause the car accident. When an automobile crash occurs, the person who caused it is responsible, not their insurance company. Therefore, it is the person responsible who must technically be sued even though the insurance company actually pays.

The insurance policy for a driver who caused the crash is a contract between the driver and the insurance company. The insurance company has agreed to cover the driver for his negligence in causing a car accident, but has not agreed to do anything directly for the people the driver injured in the car accident. Therefore, our car accident lawyers in MN always explain to clients that it is the other driver who caused the accident who has to be sued, but the car insurance company will pay any settlement or judgment.

One of the first cases to discuss this MN auto accident insurance law is Gjovik v. Bemidji Local Bus Lines. The case was decided by the Minnesota Supreme Court in 1947 and basically explains the law the same way our MN car accident lawyers would explain it if you call our office.

Sue Insurance Car Accident Attorney MN
Sue Insurance Car Accident Attorney MN


Of course, like everything with the law, there are exceptions.  For example, if you are injured in a car crash and the other driver was at fault but doesn’t have any insurance, then YOUR auto insurance has to pay you uninsured benefits, and you could sue your insurance company directly. Our top car crash lawyers have handled many cases where the driver that caused the crash was unfortunately not insured. In that situation, if your insurance won’t pay you the compensation you are entitled to, you can sue your insurance company directly, even though the other driver caused the accident.

The difference, of course, is that you have a direct contract (policy) with your insurance company that gives you the right to sue them, but in the first scenario (where the driver at fault has insurance) you do not have a contract or policy with the other driver’s insurance so you can’t sue them directly.

Another exception that sometimes comes up for our car accident attorneys in MN is where the other driver’s insurance company claims that the other driver actually did not have coverage at the time of the accident. For example, they may claim that the driver missed a premium payment and the policy was cancelled. In those cases, a car accident attorney is sometimes able to settle the case with the other driver and have him assign his claim against his insurance company to our client. Our car accident attorneys in Minnesota can then sue the other insurance company directly because the other driver assigned his rights against his auto insurance company to our client.


Insurance issues after a car accident injury in MN can be complicated, but you can call us and speak with a lawyer for a free consultation. Pam Rochlin and David Rochlin are car accident attorneys with more than 25 years’ experience representing hundreds of people in auto and motorcycle cases. Our primary focus is on getting you and your family fair and full compensation if you have been injured in an auto accident. We have offices in Edina, Woodbury MN, Minneapolis, and St. Louis Park where you can meet with a top car accident attorney to discuss your case.

Our lawyers will also meet with you and your family at your home.  An auto accident lawyer will come to your home in St. Paul, Roseville, Forest Lake, White Bear Lake, Anoka MN, Brooklyn Park, Brooklyn Center, Maple Grove, Plymouth MN, Eden Prairie, Apple Valley MN, Burnsville, Albert Lea, and other cities throughout Minnesota. Our car accident injury lawyers MN will provide you with a free initial consultation to explain your rights to you, and we never charge anything unless you receive compensation for your injuries.