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

Answers:

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.


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