Legal Question in Civil Litigation in Washington
auto accident, liability
I am being sued for an accident that happened more then two years ago. I was hit in the rear which caused me to hit a car. That car hit another car and the other car hit another car. The two cars in front say they were hit twice and blame the car I hit and me but they left out the car that hit me.
My insurance told me at the time that probably each persons insurance will take care of their own. So I accepted their payment for my damages less my deductible. Now that I've been served and they provided an attorney for my defense, I still have some questions.
Should I file a suit against the person in the car that hit me?
Do I have to hire a separate attorney to do this?
If the plaintiffs attorney never amends the claim to include the person who hit me prior to the 3 yr anniversary, does that bar them from collecting from them if it is later proved that this driver was a fault?
What do you think is my best strategy? File a suit in superior court, small claims court or do nothing and hope it all works out?
1 Answer from Attorneys
Re: auto accident, liability
I would begin by speaking with the insurance attorney who currently represents you (although all he really represents is the insurance company in an effort to avoid paying on your policy). Tell him about the person that hit you. If he does not "interplead" this person as a third party defendant, then if I were you, I'd go see another attorney to discuss the case.
If you were injured, or suffered economic damages from the guy who rear ended you, your attorney (even if the insurance company hired him) should try to recover for those damages. If that other guy is the reason you hit those in front of you, that too is a basis that demands that the insurance attorney who represents you should go after the person that hit you.
Frankly, you are going to have to sit down with an attorney to walk through each and every little sequence of your accident, and what has happened since to determine what exactly should be done. However, just from what you say, if the current attorney is informed about the person that hit you and has done nothing about it, I'd try to get into see another lawyer, to get a well informed opinion.
Ultimately, something smells very fishy about your situation, and I think you need an outside mind to examine things and render an opinion after going over all the facts and data from your case.
Good luck and I hope this helps.
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