Hello friends, I live in Washington State.

My car(Tesla) was deemed a total loss by the insurance company for an at-fault accident. I was driving Uber at the time, so I had to use their insurance. The company (James River Insurance) kicked it off to a third party evaluation company that deals with their total losses.

This is where the nightmare really began. This company keeps doing absolutely ridiculous valuations. The first one had none of my options. The second one had comparables with made up options that could never exist on the car, which I proved by going to the dealers website where it was being sold. They also are using comparable vehicles in Colorado when I live in Seattle, despite me sending them links to comparable vehicles in my geographic area, and reminding them that WA state law requires they use in state vehicles.

It's been two months now, and this still isn't resolved. They are going to do "another valuation from scratch". I have most of this documented in emails. I use my car for business, and this delay has cost me a few thousand dollars in lost income, insurance payments, interest on the loan, etc. Not to mention that I am paying out of pocket for a rental to get around, and my car continues to depreciate every month they drag their feet. This likely isn't enough for a lawyer to get involved.

So, I want to sue them in small claims when this is all over, but who do I name? The insurance company, or the third party company?