Can an insurance company sue me after my case was dismissed in court?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can an insurance company sue me after my case was dismissed in court?
I was in a minor bumper to bumper accident, unaware my insurance had lapsed I was giving a ticket. There was no damaged to either car or bodily injury. My driver license was suspended, I had to pay $600 to the State as well as obtain SR22 insurance (which I did). Two years after the incident the other driver attempted to sue me for $10,000, I went to court and the case was voluntarily dismissed without prejudice and cost. Now a year later I’ve received an Alias Summons; I’ve been sued by the insurance company for $9600, that also indicated (per the server) that I was arrested which is not true at all. I live off SSA and retired; I also thought this was over.
Asked on June 1, 2015 under Accident Law, Illinois
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
A dismissal "without prejudice" means that there is no adjudication or determination of the case and therefore, there is no bar to or restriction on either the original plaintiff (the one who's case was dismissed) re-filing, or on anyone else bringing a suit. Nothing was determined or settled. So with a "without prejudice" dismissal, yes, you can be sued by the insurer.
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 AttorneyPages.com 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.