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I was involved in an auto accident (my fault) in 2008 and now being sued for the other drivers injuries.

Ferndale, MI |

At the time of the accident he claimed not to be injured. Why is my insurance company not named in the law suite? what type of lawer do I need to hire? Are there any places to get assistance I have no income?

Attorney Answers 3


  1. You need to notify your insurance company Right away and they should assign you counsel. If you fail to notify them, you could substantially compromise your coverage.

    Of course, this is not meant as legal advice nor does it establish any professional relationship.


  2. I am licensed in Nevada, but this answer should apply in Michigan as well.

    As a Plaintiff's personal injury lawyer, I often see cases where victims of accidents do not realize they are injured (or the extent of their injuries) until after they leave the scene of the accident. The injuries can take days or even months to fully develop.

    As Mr. Englehardt said, you need to turn this case over to the company that insured you at the time of the accident. If you don't recall who that is, try contacting your agent or check your checkbook or credit cards for your payment history. The insurer has a duty to retain counsel to represent your interests and defend the case. You have a duty to cooperate with your insurance in defending your case.

    Insurance companies are not named in cases unless they do something directly. In a case such as this where the insurance company is only involved as part of its duty to defend its insured, such as you, they are not named as a party.

    Hope this helps.

    /s Donald Kudler
    http://www.capandkudler.com

    This answer does not create an attorney client relationship and does not constitute legal advice, but is solely the opinion of a Nevada Attorney.


  3. The other 2 answers are correct in that you do not need to hire your own counsel to defend the matter, you simply give the suit papers to the insurer who covered your car on the date of the crash. They will hire counsel to defend you @ their cost. You would only need to hire counsel if there was an "overlimit" demand by the Plaintiff (ie: they wanted more money than the liability limits you carried). If the latter is the case, the insurance defense lawyer your insurer provided would advise you of the fact and of your right to retain your own counsel. Generally if the Plaintiff attorney was advised of your non-collectability they would advise their client to settle at or within your liability limits. Be sure you IMMEDIATELY turn over the papers to your insurer, keep a copy and DOCUMENT who and when you gave the suit papers to.