do I sue her,Inc., or both?

[diesel]

I was rear ended by a "hit-n-run" driver. My car was damaged, luckily only $600. I found the car that hit me the next day. Police were called and she admitted quilt. She was arrested for a suspended license, and released on $100 bond. My car only has liability insurance, so I called her insurance co. many times. The only response from her insurance was "We have tried to contact her, and we are waiting for a response".
Today I found her name in my local news paper again, surrendered to sheriff and posted $300 bond, failure to appear for suspended license. I called her insurance co. again and they said "she was unable to cooperate with our request, at this point she is no longer insured."
I have no paperwork from her insurance co. that states they requested information from her, nor do I know they ever did. ( Seems like a low cost, inner city / teen / bad DMV, insurance co.)

1st Can I name two defendants on the small claims form. (Her and the insurance co.) ( No room for two, and circuit clerk not helpful )? Would I need to pay the small claims $100 fee twice?

2nd If I do serve the insurance co., and the judge finds her liabel, would I have to pay the attorney fees for the insurance co.?

3rd Who would I serve at the insurance co.? The claims agent, her boss, his boss, or just mail it to human relations?

Thanks for a great site!

 

[seniorjudge]

Why do you think you can sue her insurance carrier?

 

[diesel]

Thanks for your reply-- but she did have insurance at the time of the accident but she is not calling her insurance company to answer their questions. So, her insurance company told me was " if she doesn't not call us, we are not going to do anything."

Going to court will make her talk to her insurance company--Right?

Thank you for any comments

 

[diesel]

Also I forgot to mention, she does not appear to have much money, most likely on wellfair, and state aid. If I plan to see any repairs done, I believe my only chance is sueing the insurance co.

 

[diesel]

anyone's help is very appreciated!