Will the lawsuit be against the insurance company or the property owner?

Perhaps they did not receive Notice. Perhaps they've issues a Reservation of Rights Letter?

If you are in California, the suit would be against the property owner. We do not have direct action against the third party insurer carrier in California.

Since you have an attorney currently, you should contact your attorney to discuss the situation further.

The insurance company might have not shown up because the company's attorneys advised it that the case is hopeless and not worth defending. But that is not likely: if this were the case, the insurer would have settled the claim. Non-appearance of the insurer could also be understood if they were not properly served with the process papers. If this is the case, the default judgment will be vacated (and you might have to pay for the extra work of your attorney). There might be some other explanations, but guessing is just a waste of time. When your attorney does not communicate with you, something is wrong with your attorney - or with the case *and *the attorney. Ask your counsel, in writing, if there is any reason why he/she does not communicate with you. Do it politely and in a non-threatening way. After all, your attorney is a human being (no matter how hard it might be for you to believe, at times). If he or she is any good, chances are that he.she is overworked near to death and simply cannot catch a breath to answer the calls that do not appear urgent. If that's what is happening in your case, a letter (or an e-mail) will bring your need for information to your attorney's attention. Your attorney can also be ill, have a family crisis, or be simply away on a case in another state - or on vacation! If that is so, his/her office should tell you what is happening and when to expect a call back. If no satisfactory answer is given, remind the counsel, in writing, that his/her failure to communicate with you can result in a complaint to the Disciplinary Committee of the Supreme Court. Such warning should produce a reaction; but keep in mind that it also spells doom to any normal working relationship with your attorney; so, if you came to that point and there is still a substantial work to be done on the case, you should start looking for another attorney.

The lawsuit is against the individual who hit you. If the individual has insurance coverage, the insurer will have to pay any judgment you obtain up to the policy limits. It is possible that the insurer has neglected to turn the claim over to an attorney to defend, which would benefit you.

The lawsuit is against the defendant, not the insurance company. The insurance company generally has no obligation until the insured tenders the claim to the carrier. Sometimes a carrier will step in to protect its insured from having a default entered, but it depends on the carrier. If you lawyer is not communicating, you need to put your inquires in writing. Email or fax are best because then there is a record of your transmission.

The defendants in the lawsuit would be the property owner. It is hard to explain why the property owner has not had his/her insurance company hire a lawyer and defend the lawsuit.

If a default is being entered it is likely because the insurance was cancelled for non payment. If there were insurance coverage there would not likely be a default.

The suit is against the property owner, but you should be concerned that no appearance has been made by the insurance company. They may not know about the suit and that may create an opportunity for them to deny coverage. Call your lawyer and demand an explanation of the status of your case.

The lawsuit is against the property owner, but the insurance company steps up to defend them. Sometimes, a property owner will make the mistake of not reporting the case to the insurance company and then the insurance company "disclaims" (walks away). There could be other reasons. As for communications between you and your lawyer, you both need to work on that.

Your claim is against the property owner ad not the insurance company. If the property owner insurance company elects not to represent their insured, that is between themselves.

I am somewhat confused about your question, because if there is no suit filed yet there would be no reason for the defendant or his/her carrier to show up and defend anything. If there is an impending default judgment there must have been a suit filed and the defendant and his/her carrier have not filed a responsive pleading, which warrants taking the defendant's default. As to whom is the proper party for a lawsuit against a property owner, that would be the party who caused the harm/damage, not their insurance company. While the carrier has an obligation to defend their insured, assuming the loss is one covered by the policy, you file suit as to the at-fault party not their carrier.

If you are not satisfied with present counsel then fire them and seek an alternate representative, they have a duty to communicate and answer your questions.

The owner should have informed his Insurance Company. If not he waives his rights to the insurance.Your lawyer should have contacted owner with the insurance carrier's details by now.