Served defendant , but his insurance company filed an answer, (an attorney the insurance company found him), but do I as Plaintiff and He was a drunk driver, and police report states everything to my favor, Plus we are negotiating settlement, but do I have to add his insurance company somehow to the case at this point. Or will I be able to go after them later?
The insurance company is not a party to the case and is not added as a party.
If you were an insurance company lawyer, would you be worried about you? He/she isn't, because litigation is not just about being right. It is about knowing civil procedure and being able to get to trial. That will affect your ability to negotiate, or even obtain any settlement offer. When you say: can I go after the insurance company later, it means you really don't understand the litigation process. That's not a criticism, but it is the reality.
The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.
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