In a personal injury case (involving issues not pertaining to a motor vehicle accident), where only one carrier for defendants has appeared thru counsel, how does plaintiff settle the case?

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Multiple defendants? Depends on service. If you’re aware of insurance companies you can send courtesy copies to them with acknowledgment of service. Or you can do default motions and assert liens on personal assets such as homes, cars, mortgages etc.

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have the others who haven’t filed a defence noted in default .. I think we’re almost compelled to do so (in our clients best interest), no?

There are multiple defendants but most have appeared, and they would be covered by the same policies.

Look to have proper service, affidavits of service, deed searches and dmv searches and that information may provide insurance information (plus it may help build your case for default). Depending on how long service has been effectuated you may not have to wait longer for filing default.

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If you served them properly, did the insurance company not answer on behalf of the correct defendants? They only answered for some but not all? File affidavit of default and a Motion for entry. I have had this issue come up twice and once the judge set it aside the other time the judge held them in default. It settled pretty quickly then.

If some defendants aren’t covered by the policy, you can settle with some defendants and the case persists against the others. They will get a set off for the amount you settled for so you want to consider that.

Is their joint and severally liability in your state. If so, sandbag the appearing defendant with it all.

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