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 asâ€AVVO.com are not, nor is it intended to be, legal advice. You should consult an attorney for specific advice regarding your individual situation. Any response given here is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.
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.com). The answers posted herein are not legal advice and do not create an attorney-client relationship.
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.
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 formal review of all the facts and laws applicable to your specific situation is required.
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!
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.
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.
Sign up to receive a 3-part series of useful information and advice about personal injury law.