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Can I be sued by both the insurance co on behalf of the plaintiff as well as the plaintiff through a personal injury lawyer?

Indianapolis, IN |
Filed under: Lawsuits and disputes

I was in a minor fender bender a a while ago and just received paperwork stating that I was being sued by the other driver through a personal injury lawyer. A couple days later I also received paperwork stating that I was being sued by the other drivers insurance company as subrogee. I have forwarded everything to my insurance co. Is there anything else I should do? Is this normal?

Attorney Answers 8


  1. Best answer

    Yes. This is normal and you have handled it correctly. Turn everything over to your insurance company. They should hire defense counsel to defend you in this matter. Make sure you forward everything you received to the defense counsel they hire and that you provide him/her with any other facts that may be relevant to the accident. He will need to file a written Answer on your behalf that is supposed to occur within 20 days from the time you were served with the documents. However, in Indiana, it is not unusual for a written Answer to be filed later than that with the approval of Plaintiff's counsel.


  2. You did the right thing by forwarding everything to your insurance company. They will hire an attorney to defend you, and really call the shots during the course of litigation. It sounds like the other driver is suing you for their physical or bodily injuries, and the insurance company is trying to get money back for property damage. Feel free to call your insurance company and ask them questions, as well as the attorney they hire for you.


  3. I agree with my colleagues. No worries. Your only obligation is to cooperate with the attorney your insurance company assigns to defend you.

    If this information has been helpful, please indicate by providing feedback that the answer was either "helpful" or "best answer" as appropriate. Legal Disclaimer: Mr. Candiano is licensed to practice law in Illinois and Indiana. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question.


  4. As the other responses indicate, you've done all of the right things by sending it to your insurance company. That's why you have insurance. Best of luck to you.

    THESE COMMENTS MUST NOT BE CONSIDERED LEGAL ADVICE. Comments made on websites such as Avvo.com are provided for information purposes only, and you should not base a decision to act or refrain from acting based upon this answer. The only way to determine how the law may apply to your particular situation is to consult with an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation. . That relationship is established by the execution of a written agreement for legal services. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference.


  5. Yes, not unusual. These are two separate claims.


  6. Yes its normal. The lawyer filed a personal injury action and the insurance company filed a property damage claim. Your insurance carrier should take care of it for you.

    The information provided herein is for informational purposes and should not be construed to establish an attorney client relationship. To establish such a relationship, the prospective client would need to meet with me in person, and have a detailed discussion about all the facts and circumstances surrounding your case.


  7. Yes, this is normal. Turn it over to your insurance company and let them deal with it.

    Chris Wyant Attorney at Law Brown Tompkins Lory & Mastrian 608 East Market Street Indianapolis, Indiana 46202 317-631-6866 phone 317-685-2329 fax cwyant@btlmlaw.com www.btlmlaw.com

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