Other driver's suing my son even though BOTH insurers said he wasn't at fault??
I'm honestly floored right now and could use some perspective from people who've been through something like this.
My son — he's 24, still on our family policy — was in an accident back in the spring. Both insurance companies did their investigations and landed in the same place: he was not at fault. The other driver's insurer has been actively working with us on some leftover expenses, and we've already been reimbursed our deductible. Things felt like they were winding down.
Then yesterday a process server showed up at our door.
The other driver is suing my son personally. The complaint is asking for a huge amount — pain and suffering, emotional distress, current and future medical bills, the whole kitchen sink. Fine, I get that lawsuits happen. But here's the part that's making my head spin:
The lawsuit lists something like 20 unnamed "Doe" defendants who are supposedly my son's employees, employers, OR people he was working under — all allegedly operating the vehicle together and causing the crash. My son is 24, works at a hardware store, and was driving home alone on a Tuesday afternoon. The complaint is also internally contradictory — at one point it says the other driver was traveling westbound on a specific road, and then two paragraphs later it says he was reversing onto that same road. Those can't both be true.
We've already tried reaching our insurer but it's a weekend so we're in limbo.
I guess my questions are:
- Is this the kind of thing lawyers just throw at the wall hoping someone settles?
- Does our insurer take over defending him, or do we need our own attorney?
- Should we be genuinely scared, or is this as flimsy as it looks?
Any experience with this would mean a lot right now. The anxiety is real.