Earlier this month, an appellate court in Arizona issued a written opinion in a car accident case, illustrating the importance of abiding by all procedural court rules as well as naming the proper parties at the outset of a case. The case acts as an important reminder to car accident victims that there is no substitute for a knowledgeable and dedicated personal injury attorney to assist in the preparation of a Maryland car accident case.
The plaintiff was involved in a car accident with a driver who was insured by the defendant insurance company. After the accident, the responding police officer provided the plaintiff with the at-fault driver’s name and insurance information. One day before the two-year statute of limitations expired, the plaintiff filed a personal injury lawsuit against the at-fault driver’s insurance company, seeking compensation for the injuries she sustained in the crash. The plaintiff’s lawsuit claimed that the insurance company “intentionally delayed, postponed, or otherwise disregarded the resolution of this matter; at times providing false information.”
In the state where the case was filed, accident victims do not have a right to file a lawsuit directly against an insurance company; the claim must be filed against the driver. The defendant insurance company objected to it being named as a defendant, and the plaintiff withdrew the case so that she could name the at-fault driver as a defendant and remove the driver’s insurance company.