QUESTION
Are they personally suing me, or are they using my name just to get to the insurance/ambulance company and get money out of them?
Asked on Dec 08th, 2012 on Personal Injury - Florida
More details to this question:
I worked for a private ambulance company when this wreck occurred. I was not issued a ticket by the officer who was on scene due to him believing another accident ahead of us caused the one I was in. I provided a urine sample for drug/alcohol screening, which came back as negative. As far as I know, both occupants of both vehicles were sent to a local hospital and were released the same day with no reported injuries. Since the accident, I was terminated from my job due to insurance purposes. The person who was rear-ended by the person I hit is now suing me, the person I hit my old ambulance company and both of our auto insurance companies. The person is suing for past/future medical bills, emotional/psychological/physical distress and loss wages. His wife is also suing for loss of intimacy in their marriage. I couldn't imagine they would be trying to get something out of me since I am currently a jobless, disabled veteran with virtually no income.
14 ANSWERS
Daniel P. Mitchell
The person suing may be able to get a judgment against you and the ambulance company. However, he or she is obviously looking for the deep pocket, which is the insurance company. The insurance company has a duty to act in your best interest, defend you in the lawsuit, and settle the case within its policy limits so that it does not result in a judgment against you.
Answered on Dec 13th, 2012 at 5:22 AM
Insurance Defense Litigation Attorney serving Auburn, CA
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Graves Law Offices
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They have to sue you as the party responsible for the accident, but your auto insurer must defend you and pay settlement monies up to your policy limit.
Answered on Dec 11th, 2012 at 10:03 PM
Ronald A. Steinberg
I have trouble deciphering what you are talking about. If you were "on the job" working for the ambulance company when the accident occurred, the insurance company for the ambulance will take care of everything. Just provide them with notice. If you were driving your own vehicle, then give notice to your auto insurance, and they should take care of everything. If you had no insurance, then you are nuts. Get an attorney; consider filing for bankruptcy.
Answered on Dec 11th, 2012 at 9:34 PM
Civil Litigation Attorney serving Seattle, WA
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The Law Office of Edmund P. Allen Jr., PLLC
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It is a common practice for the injured person to sue everyone, just to cover all bases and eventualities. In reality, your employer (and more specifically their insurance company) are the ones who will end up paying anything out. You should make sure that when the case settles, that you are personally released from any liability as well.
Answered on Dec 11th, 2012 at 2:09 PM
Hello, you are correct. The only reason you are named in the lawsuit is to get access to any additional insurance you might have. Since the ambulance companies are usually well insured and have plenty of coverage, this should really not matter.
Answered on Dec 11th, 2012 at 1:10 PM
Business Attorney serving Newport Beach, CA
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NextGen Business & Wealth Preservation
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Setting aside whether or not you were negligent, you were probably sued personally because the Plaintiff is not aware of whether or not you were in the "course and scope" of your employment duties. If you were not, the doctrine of respondeat superior would not apply in the case and you could be personally liable if you were found to have acted negligently. If you were in the course and scope of your employment and can demonstrate that with admissible evidence, you would probably be able to get the suit dismissed as against you, while your employer would need to continue litigating the issue of whether or you acted negligently.
Answered on Dec 11th, 2012 at 1:04 PM
Dennis P. Mikko
Since you were driving, you are responsible for the actions of your vehicle. You are being sued personally and should turn the suit over to your insurance company and also the insurance company of the ambulance company you worked for. Most likely there is insurance that will provide you with a defense and pay any claim that could be awarded. You may also wish to contact an attorney on your own for further advise.
Answered on Dec 11th, 2012 at 12:10 PM
Litigation Attorney serving San Antonio, TX
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Graves Law Firm
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The plaintiff will take money from wherever he or she can get it, but it's your insurance company's responsibility to protect you. Make sure you notify your insurer that you have received notice of a claim or lawsuit papers, then leave it to them. That's why you paid your premium.
Answered on Dec 11th, 2012 at 12:10 PM
You will be defended and covered by the insurance carrier for the ambulance company with whom you were employed. You have nothing to worry about in terms of any personal liability.
Answered on Dec 11th, 2012 at 12:09 PM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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9 out of 10 that they are going after the insurance that covered the ambulance but they have to name you as the operator who was covered under the policy. Turn the Summons and Complaint over to the insurance company.
Answered on Dec 11th, 2012 at 12:09 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Circumstances have little to do with your liability, but rather your collectibility. In automobile cases normally the owners of the vehicles as well as the drivers are sued. Anyone can bring a suit, the question is if they can win it. I would suspect that the insurance company for the ambulance company or your own personal insurance company will be providing you with an attorney. Until that occurs, do not speak with the opposition.
Answered on Dec 11th, 2012 at 12:09 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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If you were driving in the course of your job then the insurance will take care of you as a routine situation.
Answered on Dec 11th, 2012 at 12:09 PM
In California, the driver of a vehicle involved in an accident must be sued (if a settlement cannot be reached without a lawsuit) in order to "get to" the insurance policy covering that person at the time. However, that does not mean that if they get a judgment and either there is not enough insurance to cover the incident, or for some reason the insurance does not pay, that the judgement against you would not be valid to collect against you personally. You should, if you have not, tender any lawsuit you have been served with to your insurance company and your ex-employer (or their insurance company) immediately. They should provide you a defense.
Answered on Dec 11th, 2012 at 12:08 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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They are only suing you because you were operating the vehicle. The insurance company for your employer will provide a defense for you so expect a call from her or from him; do cooperate when they ask you things, so long as they advise you that they are not the plaintiff's attorney.
Answered on Dec 11th, 2012 at 12:08 PM