If a garbage truck turning on the corner hit my car, who should I sue the truck company owner or the driver for damages?
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If a garbage truck turning on the corner hit my car, who should I sue the truck company owner or the driver for damages?
Asked on August 25, 2015 under Accident Law, New Jersey
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
The truck company is the registered owner of the garbage truck and is liable for the accident. Your lawsuit for negligence should name both the truck company and driver as defendants.
Prior to filing a lawsuit, it may be possible to settle the case with the garbage truck company by filing a claim for property damage with the garbage truck company's insurance carrier.
If the case is settled with the garbage truck company's insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the insurance carrier, reject the settlement offers and file your lawsuit for negligence.
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