QUESTION
Can I sue the defendant in an auto accident while pursuing the claim from defendant's insurance company?
Asked on Aug 28th, 2013 on Personal Injury - Florida
More details to this question:
I got into an auto accident. I got bumped and it was not my fault, with police eye-witness. I'm not sure why my attorney is not suing the defendant while pursuing the claim from defendant's insurance company? Is it normal to do it this way? That is because, I read some previous case, both legal actions (insurance claim & suing the defendant) are being done simultaneously. He told me that he is wrestling it with the insurance company, and if the settlement is not pleasing, then we will sue the defendant. Why is my attorney not suing the defendant? Is he saying something correct? And I'm right now working abroad, if eventually we decided to sue the defendant, what would be the procedure? Do I have to come back for the court trial or any process? And usually how long is the whole trial process?
7 ANSWERS
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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Normally you try to settle with the insurance company before filing suit. Some attorneys go straight to suing without trying to settle. The length of time varies from 6 months if you can settle to about three years if you must go to trial.
Answered on Aug 30th, 2013 at 5:36 AM
Ronald A. Steinberg
Auto insurance policies are called "indemnity" policies. What that means is that you actually make a claim against the defendant, but the insurance company will pay up to the policy limits.
Answered on Aug 30th, 2013 at 5:22 AM
Thomas Edward Gates
Your attorney is handling the case correctly. If you look at your fee agreement, his percentage of the award goes up if he has to file a lawsuit; meaning less for you.
Answered on Aug 29th, 2013 at 2:43 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You negotiate with the carrier of the bad guy. If it does not work out you due the bad guy. You don't have your cake and eat it too. you cant settle your case on the one hand then sue with the other. You get one bite at the apple.
Answered on Aug 29th, 2013 at 2:32 PM
In Nevada, you have two years from the date of the accident to file the lawsuit. Many times, the lawyer will try to negotiate with the insurance company before filing the lawsuit. If the insurance company won?t settle, your lawyer could file the lawsuit now and keep negotiating. It is a question of strategy.
Answered on Aug 29th, 2013 at 1:19 PM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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It would appear as if your attorney is trying to settle the matter on a pre-suit basis with the insurer for the at fault driver/owner. This is an acceptable practice and could save you time and costs if the matter can be settled without a suit. However, you and your attorney must be sure to sue before the statute of limitations runs out if the matter is not settled. Once a suit is started it can take a year or 2 to get to trial and it will depend on the county in which the case is filed. Of course, waiting to start suit, may increase the overall time before you have a resolution/trial, for if the pre-suit negotiations don't lead to a settlement, all the time that same took is "wasted" to the extent that your time to trial doesn't take into account the pre-suit negotiations. Generally it is preferable for you to appear in person for deposition and trial, but arrangements can be made for video appearances if travel is a problem.
Answered on Aug 29th, 2013 at 1:17 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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You can only sue the defendant, not the insurance company directly.
Answered on Aug 29th, 2013 at 12:37 PM