Plaintiff is suing driver (my husband) named as negligent in assuring clear distance ahead causing a chain reaction, on Oct 19, 2011. Insurance for the commercial vehicle at the time has paid damages, and medical expenses until now and refuses to pay any more. Originally my husband's insurance paid $1,500 for damage to the plaintiff's vehicle. As I understand it, chiropractic expenses have been met until the insurance company at the time refused to pay for any more, since Oct of 2011. We no longer are insured with this company, A new suit is naming my husband and his personal car insurance (not involved in the accident.) The car that actually hit the plaintiff is unknown, named in the suit also as John Doe. Amount asked would be in excess of $25,000 to be awarded at trial. A police report was taken at the time of accident and all drivers drove away with limited damages. Is this a legitimate suit? Will the insurance company named as a defendant ( which has never provided coverage for the vehicle involved) have any obligation to defend us in court? Will we need to hire a lawyer to defend ourselves personally without an insurance company's lawyer to act in our interest?
3 Answers from Attorneys
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If I'm reading your question properly it sounds like the car your husband was driving was insured ON THE DATE OF THE CRASH. if this is accurate than that company owes you a defense and will owe the verdict if there is one. It is immaterial if the policy was subsequently cancelled. If you have any other questions feel free to call me. Contact that company immediately and make it aware of this lawsuit.
I concur with Mr. Fisher, but would only add that it is unlikely that the liability carrier already paid medical bills. It would be more likely that the Plaintiff's auto carrier and/or health insurance carrier paid.
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