Can a complaint be amended regarding a car accident lawsuit?

Is it possible to amend the complaint with another defendant who was the car driver when the complaint was filed originally only against insurance?

Asked on December 17, 2010 under Accident Law, California


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You can amend the complaint to add the driver as a defendant.  File the amended complaint with the court with a proof of service and have it served on all defendants.  When the amended complaint has been served on all defendants, file a certificate of service with the court.  The certificate of service filed with each proof of service shows the court that the amended complaint was served.  In CA, the certificate of service has to be filed with the court within 60 days of the date the amended complaint was filed with the court.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.