Can an insurance company sue me after my case was dismissed in court?
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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 9 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.
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