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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.

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Ben Glass
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Ben Glass is a nationally recognized car accident and ERISA disability attorney in Fairfax, VA.