Legal Question in Personal Injury in Georgia
Individual was injured in car accident and filed civil action complaint in State Court against the driver, not the drivers ins co., and the defendant was never served. However, the ins co hired an atty to represent them and continues to file things such as responses on "behalf" of the defendant, and trying to get the case dismissed. This atty has not been retained by the party defendant and the ins co is NOT listed as a party in this complaint. Can this atty file these things claiming they represent the def in this matter when the complaint was not filed against them, the ins co? To top it all off, the defendant is no where to be found and the ins co has also admitted this that they too do not know where he is. The atty has even scheduled a deposition to depose the Plaintiff but the Plaintiff has no way to depose the actual Defendant b/c the Def cannot be found. The ins co is a 3rd party and not named a party. Can this atty actually do all this?
3 Answers from Attorneys
That is a question for the Plaintiff's lawyer.
The short answer is yes, the insurance company can hire an attorney to defend the case even though they are not listed as a party to the case. If the Plaintiff has not hired an attorney, I would strongly advise them to hire someone immediately. The defense attorneys will work diligently to get the case dismissed.
If they do not have counsel, feel free to pass on my contact information for a free consultation.
Sincerely,
David H. Glass 404.529.9081
It sounds from your post that the plaintiff has made two mistakes, the biggest being not having a lawyer (and the other being not serving the defendant, as that HAS to happen, even if it is done by publication, if he expects to prevail, as he cannot get a judgment without service).
The insurer still has a duty to defend the case, and the Plaintiff badly needs to see a lawyer immediately. If he does not have counsel in mind, feel free to have him contact me (4047683509).
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