Legal Question in Civil Litigation in Pennsylvania

You sue her in the Court of Common Pleas in Lancaster County.

{John}

I'm not so sure you sue her at all, if you've suffered no damages yourself. If you had insurance, then insurance paid for the car, yes? That would leave you responsible for the only deductible, presumably. Is that what you're suing for?

Your insurance company sounds like it has the greater claim. It's called a "subrogation" claim, and it's where an insurance company stands in your shoes and brings suit on your behalf for reimbursement of insurance money paid out. You would be involved as a witness, but the insurance company would hire the attorney and prosecute the suit.

Best of luck to you.

Cary B. Hall, Esquire

Law Offices of Cary B. Hall, L.L.C.

121 East Chestnut Street, Suite 205

Souderton, PA 18964

T: (267) 663-9995

F: (215) 525-4364

[email protected]

http://www.carybhall.com

The info you received from attorney Carey Hall is correct. If your ins co paid the claim, it has the right to bring a lawsuit against your friend, not you. If you are out any money, you could bring your own suit but you also have to protect the ins co right to sue your friend. If your law suit prejudices the ins co right to collect from your friend the ins co can sue you. It's complicated & you would need an attorney to help you. I suggest contacting your ins co claims rep assigned to this matter & asking if the matter has been or will be referred to the ins co subrogation unit. That's the unit that will decide if the ins co will sue your friend. Keep in touch with the claims rep at the subro unit & make sure you also contact the ins co attorney handling the subro case Good luck!.