Legal Question in Personal Injury in California

I was involved in a auto accident two months ago and it was determined by my insurance that the other driver was 100% at fault. My claim administrator told me that the other party was not happy with the outcome and wants to sue. Is he able to sue me directly or sue just my insurance?


Asked on 8/07/10, 1:48 am

2 Answers from Attorneys

Rivers Morrell Law Firm of Rivers J. Morrell III

I assume you are in California. He is required to sue you, and is not allowed to sue your insurance company for the accident. The attorney for the other party will first file a complaint. Next the complaint will need to be served on you. As soon as you get any notice of this complaint you should immediately contact your insurance company, regardless of whether you think you were properly served.

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Answered on 8/12/10, 8:13 am

Just to follow on Mr. Morrell's answer, after you notify your insurance company they shoudl provide you with an attorney. So you will be the party named in the lawsuit, but your insurance company should be handling the case for you as much as possible. If you do get sued, and for some reason your insurance company does not step up to the plate for you, put up another post and we can help you with those issues.

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Answered on 8/12/10, 9:59 am


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