How to have your name removed from a lawsuit?

My car caught fire and the insurance company settled with me. Now the insurance company’s lawyer is suing the manufacturer and the dealer. Both mine and my wife’s names are listed on the lawsuit. We want are name taken off the lawsuit, but they will not remove it. Can are names be legally be removed?

Asked on July 12, 2012 under Insurance Law, Illinois


Robert Slim / Robert C. Slim - Attorney at Law

Answered 8 years ago | Contributor

Under the terms of your insurance policy, the insurance company may bring suit against the responsible party to recover any damages that they paid under the policy. They may bring the suit either in your name or the company's name.  You are obligated under your policy to reasonably cooperate with the insurance company's efforts to get reimbursed from the responsible.  

Most of the time, the insurance compnay will bring the suit in the names of their insureds (rather than in their own name) since juries may be more sympathetic to individuals than the insurance company when deciding a case.

In short, there is nothing you can do to have your name removed from the suit.

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.