Adding defendant to lawsuit

[katyushak]

My question is about how to add another defendant to a lawsuit in which I am a defendant (the other defendant is NOT the plaintiff so it is not a counter-suit).

I am being sued for an accident in which my daughter was involved nearly two years ago (so, coming up on the statute of limitations).

My daughter was driving down the street and was hit by another car. The police report indicated that she was not at fault, the other driver was. The other driver was unlicensed and uninsured. It turned out that the owner of the car (the husband of the driver, I think) was insured and the insurance paid out for repairs for my daughters car, up to its limit ($15,000 which wasn't enough to cover the repairs). The insurance company sued the driver/car owner for the rest but they have no money.

Turns out a passenger in the other car was paralyzed (strange since the police report states he complained of minor pain).

The attorney for the passenger has contacted my insurance company to settle. After wrangling back and forth, they agreed to settle for full insurance limit (which is quite high but does not cover the $5 mil claim). I was vehemently opposed to the settlement originally but relented after thrice-daily phone calls from my insurance company about how they were acting in my best interest and how I "really" didn't want to lose my house and my retirement savings.

Well, they didn't settle after all (apparently, the lawyer demanded the statement that I do not have any other insurance, like umbrella policy and the insurance company stated they could not provide that; they never asked me to provide it, now is the first time I hear about it) and now there is a lawsuit that was filed against my daughter, me, and my husband.

I forwarded it to my insurance company as soon as I was served the summons. That was two weeks ago. I heard nothing from the insurance company and they would not return my calls.

I have finally got a hold of a supervisor who first told me that there was nothing to worry about and when I demanded to know the name and address of MY attorney they said they would assign to me, he started yelling at me and told me I should be "ashamed" of not feeling sorry for the poor paralyzed guy and that my thoughts should be on how to help him cope with his devastating injuries, rather than how to file an answer within the statutory 30 days.

After insulting me some more, the supervisor finally told me he would get me an attorney in two days (which would be day 15 since I was served). I doubt they will - they haven't kept their promises so far and stated that they could not have promised what I said they promised. Of course, I do have documentation from them about some promises they made me (but not others).

The question is this - I suspect I would have to defend myself in this baseless lawsuit. So, how do I get the other driver added as a defendant to the lawsuit? The court is San Bernardino Superior Court.

Sincerely,

Katie

 

[FlaRiptide]

The police report indicated that she was not at fault, the other driver was. The other driver was unlicensed and uninsured.

The attorney for the passenger has contacted my insurance company to settle

Did this occur in a "No Fault" state? Apparently your insurance company found reason to believe the claim was unfounded and refuses to pay. Thus the passenger is seaking other sources for relief. As you yourself mentioned, this appears to be a "baseless lawsuit". I'd recommend consulting with a local attorney to see how you should proceed.

I have finally got a hold of a supervisor who first told me that there was nothing to worry about and when I demanded to know the name and address of MY attorney they said they would assign to me, he started yelling at me and told me I should be "ashamed"

Obviously they are not thinking of your best interest and that is why I'd suggest getting your own attorney.

I suspect I would have to defend myself in this baseless lawsuit. So, how do I get the other driver added as a defendant to the lawsuit?

Don't go it alone. They may have a case if they can show your daughter contributed to the accident due to her negligence even though she was found not at fault in the police report. Your attorney will advise how to proceed.

 

[katyushak]

Common sense does not seem to be helpful in this case, unfortunately. The Plaintiff's attorney claims that speed contributed to the accident. This case is in California.

 

[dee_dub]

Typically you "third party" the other driver. In California, I believe you file a "Summons on a Third Party Complaint". Check with a court clerk where the case was filed.

 

[fredrikklaw]

A claim brought by a defendant (you) against a person not yet party to the original lawsuit for a related cause(s) of action(s) is called a "Cross-complaint," which means initiating your own lawsuit against that person. The parties to a cross-complaint are the "cross-complainant" (you) and the "cross-defendant," (who is the person you wish to bring into the action).

So you basically have to write a pleading (cross-complaint), file it, and having it served on the cross-defendant who will have 30 days to answer or objections/challenges to the cross-complaint.


[fredrikklaw]

 

[PILawGirl]

Have you not forwarded this on to your insurance company? They should assign counsel to you if you were the named insured on a policy your daughter was covered under.