Legal Question in Personal Injury in Ohio
Son being sued by passenger in car accident nearly two years after insurance com
Over at a friends house yesterday. Sherriff served summons to their son. He being sued by a passenger (70+) years old nearly two years after the accident occured. Friends son was covered by a major insurance carrier under parents policy. Son was 18 years old a time. Suit claims son was uninsured, reckless. Same wording in subsequent paragraphs in the suit names "unknown John/Jane Doe as co_defendants. wording of complaint involving Doe party is identical to wording of complaint against son.
My question is " what is the purpose of naming a John/Jane Doe in the complaint, and, since the son was represented by an insurance carrier, shouldn't the insurance carrier be noted in the complaint? "
It sounds to me like the passenger is unaware that the defendant is covered by insurance ? Is this a legal ploy to see if the parents will cough up additional $$$ ? Or is somebody misinformed ?
2 Answers from Attorneys
Re: Son being sued by passenger in car accident nearly two years after insurance
I'm sure that the plaintiff knows that the son is covered by insurance. However, in Ohio a plaintiff cannot name the insurance company in the lawsuit. The insurance company is always in the background. It hires and pays the defense lawyers and pays any settlement or verdict, but there can be no reference to the insurance company in the trial. Naming the son, the parents and the John Doe defendants has to do with insurance coverages. The plaintiff is not trying to squeeze extra money out of the parents, he is trying to make sure that the insurance company does not play a "shell game" with the coverages by saying the parents are insured, but the son is not. Your friend should just give the lawsuit papers to his insurance company as soon as possible and let the company handle the defense. Also, your friend should ask the lawyer appointed by the insurance company if there is any chance of a verdict for more than your friend's insurance limits. If so, your friend should seek help from his own lawyer to pressure the insurance company to settle the claim without risking his personal assets.
Re: Son being sued by passenger in car accident nearly two years after insurance
An injured person can not directly sue the insurance company of the person who caused the injuries. The person who caused the injuries must be named directly.
Attorneys add "John Doe" defendants to ensure that they are able to name all the parties if it is determined that someone else is liable for the person's injuries. This is especially true when the complaint is filed close to the expiration of the statute of limitations, two years from the date of injury in Ohio.
The son should provide copies of the lawsuit to the insurance company who will appoint a lawyer to represent him. He is also free to obtain his own lawyer to represent him in addition to the lawyer appointed by the insurance company, but he would be responsible for the fees.
If there are any further questions, please contact me by e-mail or have the son visit an attorney.
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