Can I sue a driver for what their insurance company won't pay?

I was in a car accident a few weeks ago... but that's a completely different story. Basically, the other person's insurance is refusing to pay for storage and rental fees until liability is established, with took a full week. I do not have rental coverage on my policy and I have a high deductable, so going through my insurance is not an option for us at this time, financially. Can I take the driver to small claims court for the money that her insurance company is refusing to pay (one week's worth of storage and car rental fees)? I am in Indiana.

Liability has been established --- 95% thier insured. They are saying however, that from the time of the accident to the date that liability is established they are not responsible for anything. However, the adjustor that I spoke with on the day of the accident said that it would go retro, now she is saying that it will only go retro from the day that liability is established, which isn't really retro.

I was wondering if after I have settled with the insurance compnay if I could approach the driver for the remainder that was not paid by their insurance.

In theory, yes, but in reality, no.

Part of any insurance company's settlement with you will be a full release for their insured. That release will bar any lawsuit.

Almost the only time the driver ends up paying an amount above what the insurance company will pay is when there is a lawsuit and the damages exceed the policy limits.

only if you reject the insurance offer

Generally, you can't do what you are suggesting. You are entitled to sue, but that usually means one lawsuit which covers all of your damages. If you file a lawsuit and don't plead everything, you are likely to waive any claims you don't bring. Unfortunately for you, the other driver's insurance policy is not required to pay you directly; their obligation is to indemnify their own insured. Therefore, you must establish the liability of the other driver before they have any obligation to do anything. Best thing for you to do is contact a lawyer about this situation to make sure you are getting everything you are entitled to.

It depends on if your rental and storage is reasonable. Also you cant sue the other driver until the insurance finishes up the claim. At that point whatever is left unpaid is then up for claim in court. Now even if you were to win in Small Claims Court, Collecting is a whole other thing. I won a case back in 1998 and still have not been able to collect. He just didn't pay me. Good Luck.

Actually now days you can sue anyone for just about anything. SUE THE PERSON