You need to send a copy of the lawsuit to the insurance company and retain a lawyer immediately. The issue is when your insurance company paid them did they obtain a release for you and your mom. The insurance company has a duty to you and your mom assuming its her company that paid to protect your and moms interest
Without further information and reviewing the documents it's impossible to advise you on precisely is happening. An attorney can advise you about your rights and remedies. Its unusual for insurance companies to pay for injuries and then the party is allowed to sue the principals
without a detailed review by a lawyer can all the issues raised in your question be appropriately addressed...nothing in this response should be construed as establishing a lawyer client relationship..the answers herein are for informational purposes and not to be construed as advice
If your insurance company settled for property damage and "personal damages", it should have obtained a release from the other party that would discharge you from further liability and preclude a further recovery in the lawsuit. If they only settled the property damage initially, then the other driver may still be able to seek damages for personal injury.
As noted, you should contact your insurance company immediately and let them know what's going on. They will take the appropriate action to defend you.
it will probably depend on the language within your insurance policy. I agree that you should immediately submit the paperwork to your insurance company. If they cover you, great. If they do not, you should probably seek an insurance defense attorney, such as myself, or any other the other great attorneys on Avvo immediately. Time may be of the essence.
no attorney client relationship has been formed.
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