I was in an accident, and the insurance company and I did not come to an agreement on injury damages prior to the two-year statute of limitations running out. I went ahead and filed a civil lawsuit against the insurance company, without hiring a personal injury attorney. Now their attorney has filed a demurrer to the complaint, contending that I sued the wrong person. What can I do to respond to their demurrer?

Your question highlights a confusion that many people have about personal injury lawsuits. Remember that while 99.9 percent of the time it is the insurance company who will write you the settlement check and who will pay for an attorney to defend the person who is driving the car that hit you, any lawsuit must be filed against the individual and not against the insurance company.   

The lawsuit you filed against the insurance company is meaningless and will be dismissed. Moreover, since you did not file a lawsuit within two years against the person who hit you, that claim has expired and you will never get a recovery from the driver who injured you.

You can download a FREE copy of our consumer guide, The Five Deadly Sins That Can Wreck Your Injury Claim, to learn more about personal injury claims.

If you have a question for Ben, you can submit it confidentially online at JustAskBenGlass.com.