Question about who my attorney is suing.

Asked about 1 year ago - Riverside, CA

I was in a multiple car accident, and my attorney wrote this at the head of the case for one of the people in the accident: HAPPY GILMORE & Associated Unnamed Car Insurance Company, DOES I through XI inclusive and ROE BUSINESS ENTITIES I through XI, inclusive. Attorney: Great Attorney, 777 Park Dr. #100, Anytown, CA 89999 Now, am I suing Happy Gilmore (personally so that I can go after his personal assets) AND his insurance company or just his insurance company?

Attorney answers (8)

  1. Steven Ronald Kuhn

    Contributor Level 15

    16

    Lawyers agree

    Answered . You sue the individual who caused the accident. Their insurance company defends them and pays any judgment or settlement up to their policy limits.

    Disclaimer- The information you obtain at our web-site or through postings on such sites as”AVVO.com are not,... more
  2. Alex Joseph Tramontano

    Contributor Level 9

    13

    Lawyers agree

    Answered . Assuming you are redacting the names above and filling them with generic ones, I agree with my fellow colleague. In a normal lawsuit for personal injuries you as the plaintiff would sue the defendant personally they would hand the claim over to their insurance company, and the insurance company would step in to defend them and possibly pay a portion of or all of the judgment. But, the insurance company is normally not a party to the lawsuit. The doe and roe defendants are there as placeholders in case later on you find out there is another party liable for the injuries.

    This should not be considered legal advice or a consultation creating any form of attorney-client relationship, a... more
  3. Joseph Leonard Ciaccio

    Contributor Level 12

    12

    Lawyers agree

    Answered . You are suing the actual person - however the person's insurance company will cover the litigation costs and any settlement/verdict costs - within their policy limits.

    Joseph L. Ciaccio is a New York attorney with the Law Offices of Joseph M. Lichtenstein, P.C. (medicalattorneyny.... more
  4. Joseph John Bernardo

    Pro

    Contributor Level 14

    9

    Lawyers agree

    Answered . Your attorney is bringing suit against that driver individually and the insurance company. Generally, only the insurance company policy coverage is sought and the personal assets of a driver or owner are not. There are exceptions to this, however, such as a claim for punitive damages.

  5. Stephen M. Young

    Contributor Level 9

    9

    Lawyers agree

    Answered . Yes, it sounds like you are suing Happy Gilmore. In a typical personal injury case, as the injured party, you will sue all of the people who are responsible for causing the accident. If they have auto insurance, the auto insurance carrier will act as their defense counsel. When you have questions about your case, please ask your attorney what it means. They should be happy to take a few minutes and explain what they are doing. Best of luck!

  6. Christopher John Gansen

    Pro

    Contributor Level 18

    6

    Lawyers agree

    Answered . I think my colleagues may not be understanding what's happening here. Your attorney, who has a sense of humor, does not yet know the identity of at least one of the other drivers and/or their employers, so he/she is naming them fictitiously until such time as their identities are known. After that, he/she will amend the complaint to reflect their real names. Don't worry about it.

  7. Robert Bruce Kopelson

    Contributor Level 20

    6

    Lawyers agree

    Answered . It is not usual for the pltf to name the deft's ins co as a defendant in the lawsuit. It is common to use fictitious "Does" and "Roes" in the suit so you can easily add other defts if/when needed.

  8. Christian K. Lassen II

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . The person, not carrier.

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