I was involved in an accident involving multiple at-fault parties. I have decided to sue because those parties have not agreed to their percentage of fault nor the extent of damages to my vehicle. One insurer stated my car is totaled and the other stated it is repairable.
I didn't have insurance coverage. Also, this is a property damage case just above 10K and all attorneys I have spoken to have stated it's not worth litigating. I decided to file a suit without an attorney after one adjuster stated I should litigate since I rejected their offer.
Do I have to inform the insurance companies that I filed a civil suit against their insureds or will simply filing the lawsuit against all at-fault drivers suffice?
Yes just file a suit naming all at fault parties and have all of them served with the complaint and a summons. Then diary your calendar twenty days after you receive the return of services. After the 20 is up file motions for default against any party that didn't answer or file a motion to dismiss. Then start the discovery process with the other parties and head the case towards a court date. You need a NY State civil rule book to understand the process better. You can get one online. Your court house may offer some help with booklets or online forms and instructions. If the court house has a law library the librarians can be of great help in finding resources. Good luck.
Advice given in this forum does not create an attorney - client relationship. No advice should be relied on without consulting with a local attorney.
You have to serve the defendants. I always let the carrier know that I have commenced a lawsuit and I send them a copy of the summons in complaint because it usually expedites service of the Answer.
I am a former federal and State prosecutor and have been handling criminal defense and personal injury cases for over 19 years. The above answer, and any follow up comments or emails, is for informational purposes only and not meant as legal advice.
The named defendants must be personally served with your papers. But, it's always a good idea to send the insurance carrier a curtesy copy of what has been filed with the court and served on their insured.
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I would strongly suggest sending a courtesy copy of your lawsuit directly to all insurance carriers involved. You will need to make sure you have properly named and served all responsible defendants.
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