Not necessarily, If the insurance company is "Not" taking care of your losses and any related expenses then of course you may need to sue them. If the insurance company "Is" taking care of your losses and your medical bills for personal injury are being taken care of, then there is no need or basis to sue. You'll just be giving a percentage of any award to an attorney. 99.9 percent of the time the insurer has every intention of compensating you within reason for your losses whether you sue them or not. Give them the opportunity to do so. Should the Insurer fail to take care of its responsibilities and a suit is necessary, then you wiill fare much better in the eyes of a jury if you gave the insurer an opportunity to resolve your claim first.
Depends whose at fault..
that person who hit you
Yes, The at fault party is responsible.
In most states, it doesn't matter the reason a driver struck a pedestrian or if the pedestrian saw the vehicle prior to being in a position to be struck--the pedestrian always has the right-of-way so the driver is always at-fault.
If the pedestrian is j-walking in traffic, he is at fault if he gets hurt. Traffic cannot always stop for him, he should have used a crosswalk.
If the pedestrian illegaly, unexpectedly, and dangerously enters the flow of traffic causing a vehicle operator to swerve their vehicle in order to avoid them.
If the car that rearended you without being hit by the third car first then the car in the middle is at fault for your damage and the third car is at fault for the damage to the rear end of the middle car. The first car is not at fault for the quick stop.
Then it's time for a lawsuit.
The driver. As much as it sounds absurd, if a driver runs over a pedestrian he is always at fault.
Pedestrians have the right of way. Unless you can prove he/she was grosely negligent or did it on purpose then you are at fault. If you are backing down on your private driveway and a neighbor who walks behind your car on your private driveway is hit and falls down who is at fault? The neighbor pedestrian has been drinking, unstable on his feet was standing in his driveway at his car then suddenly is behind my vehicle.
I believe it could be both persons fault. If you're driving and someone decides to jump in front of your car it's not you fault. If you're driving and aren't being careful or just can't stop in time, than it's your fault. -Bobbbbbbbbbbbbbbbbb
what is a "pedestrian car"