Legal Question in Personal Injury in Pennsylvania
Sued after plaintiff settles with insurance company
I was involved in a three car accident. My car was the cause of the accident. Both parties sued me and settled with my insurance company. Now the driver of the 1st car is suing the driver of the 2nd car. The driver of the 2nd car has served me ''to be an additional defendant''. How can I still be sued again for the same incident after they settled?
2 Answers from Attorneys
Re: Sued after plaintiff settles with insurance company
Your insurance company, I assume, got releases from the other parties when they paid under your policy. The typical terms of such a release mean that the driver can't get any more money from you or the insurance company.
But it also means that when P1 sues P2 (let's call you D), the release is a defense for P2, to reduce any award by the percentage amount of D's fault, or the amount paid (all depending on the language of the release). To raise that defense, P2's lawyer has to join D as an additional defendant.
As you did before, turn it over to your insurance company and they will provide a defense, to file the necessary papers to raise your release defense.
Re: Sued after plaintiff settles with insurance company
just turn it over to your insurance carrier and forget about it. You will be let out of the case.
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