QUESTION
Can I, as my son's representative, be involved in the settlement of my son’s car accident?
Asked on Oct 09th, 2012 on Personal Injury - Pennsylvania
More details to this question:
The insurance company does not want me to be involved in the settlement of this claim and wishes to discuss everything outside of my presence. I have not secured an attorney at this time and the case is ready for finalization, i.e., extending an offer.
20 ANSWERS
Personal Injury Attorney serving Portland, OR
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Kaplan Law, LLC
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How old is your son?
Answered on Jun 27th, 2013 at 12:21 AM
Motor Vehicle Accidents Attorney serving Lincoln, NE
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Lapin Law Offices
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If your son is 19 years old or older, is not medical or legally incompetent and is not under a guardianship then the insurance company does not have to deal with you regarding your son's car accident. You do not have any legal standing to act on his behalf. However, if your son granted you a power of attorney to act on his behalf then you would have standing to deal with the insurance company. You just need to be cautious that you are acting pursuant to the powers granted you under the power of attorney and that you are not providing legal services to your son, which would violate Nebraska laws and rules regarding the unauthorized practice of law. If the power of attorney was drafted correctly, you should be able to negotiate and reach a settlement agreement with the insurance company without stepping over the line and be providing "legal services."
Answered on Oct 18th, 2012 at 2:36 PM
Lisa Hurtado McDonnell
Is the son a minor? If so you must be involved, if not then they may excluded you since your not an attorney.
Answered on Oct 11th, 2012 at 3:48 PM
Thomas Edward Gates
You need to 1) get a court ordered settlement Guardian ad Litem to determine if the settlement if fair; 2) you need to get a guardian to maintain the settlement in your child's best interest until he turns 18 years old.
Answered on Oct 10th, 2012 at 7:06 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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If your son is a minor, they cannot prevent you from being involved, unless the mother has custody and she wants to exclude you. If your son is an adult, and wants you to be involved, they can refuse to discuss the claim in your presence if they want. Your son can insist that you be present. If no one gives in, then there will be an impasse. Once there is an impasse, the only way to resolve it is to file a lawsuit. Most insurance companies would rather avoid suits.
Answered on Oct 10th, 2012 at 7:06 PM
Ronald A. Steinberg
If your son is under the age of majority, you can and should get involved. If your son is an adult, pursuant to the age requirement in your state, there is NOTHING that you can do legally. If your son does not want you involved, then you cannot be involved. However, your son may be an idiot, because the insurance company will have an opportunity to take advantage of him. There are several insurance companies that I would not trust as far as I could throw them, so if he is dealing with one of them, he is going to get screwed over. The only question is:"how badly?"
Answered on Oct 10th, 2012 at 7:05 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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If your son is 18, he is legally an adult and only he can speak for him. If he's under 18, then only you (or his father) can speak for him.
Answered on Oct 10th, 2012 at 7:05 PM
Steven D. Dunnings
Do you have a court order appointing you conservator or a power of attorney signed by you son if he is an adult? If not you have no right to be consulted.
Answered on Oct 10th, 2012 at 3:47 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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If your child is under 18 it is your game. If over 18 butt out .
Answered on Oct 10th, 2012 at 3:47 PM
If your son is over 18, then he will need to deal directly with insurance company. You of course can give him informal advice, but he alone will sign the settlement papers. If he is under 18, then you are the legal guardian and they will need to deal with you. If he is over 18, and you have been appointed by the court as a conservator (for example, if he is disabled, etc) to manage his affairs, then they deal with you.
Answered on Oct 10th, 2012 at 3:46 PM
Business Law Attorney serving Walnut Creek, CA
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Hirsch, Closson, McMillan & Schroeder, APLC
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If you're son is a minor, he must have a guardian to represent his interests in the case. If not, your son can tell you whatever he wants, but the insurance company won't talk to you without a signed authorization from him.
Answered on Oct 10th, 2012 at 3:45 PM
Personal Injury — Plaintiff Attorney serving Taylor, MI
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Downriver Injury & Auto Law
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It depends on how old you son is. A minor cannot settle their own claim.
Answered on Oct 10th, 2012 at 3:44 PM
Litigation Attorney serving Olean, NY
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Black, Lyle & Habberfield, LLP
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If your son is deceased, there is an administrator of his estate and any settlement discussions would go through the administrator. If your son is alive, then his parents entertain settlement discussions. Either way, this will typically be a parent and require court approval in both instances. If the other parent is the administrator or has brought the claim, they would control. However, if your son is deceased both parents would have a claim in that situation and both would be consulted, even if only one of them is the administrator. If the insurance company isn't talking to you, who are they talking to? You need an attorney.
Answered on Oct 10th, 2012 at 3:44 PM
Debt Collection Attorney serving Fresno, CA
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Nunes Law, Inc.
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If you son is under the age of 18 years old, or suffers from an incapacity, then the insurance company has to go through his parent or guardian. Otherwise, if you son is an adult, why can't he handle this on his own?
Answered on Oct 10th, 2012 at 3:44 PM
How old is your son? In what manner are you his representative if he is over 18? If your son is over 18, the insurance company is within its rights to deal directly with your son. You can advise him outside of their presence if he wants your advice. If he is under 18 you have the right as a parent to act on his behalf, and if a lawsuit is filed (or if you want to spend the court filing fee even without a lawsuit) you can be appointed as his guardian ad litem for the lawsuit.
Answered on Oct 10th, 2012 at 3:44 PM
If your son is an adult he can do whatever he wants to include using you as his representative or not using you.
Answered on Oct 10th, 2012 at 3:43 PM
Civil Litigation Attorney serving Aptos, CA
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Richard E. Damon, P.C.
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Provided you son signs an authorization or power of attorney.
Answered on Oct 10th, 2012 at 3:43 PM
You should find an attorney to make sure your son's interests are being looked at, assuming your son is a minor or legally incompetent. If he is an adult, then there is probably no reason for you to be involved. Also, if your son is a minor or incompetent, it is very likely there will need to be court approval of whatever settlement deal is reached. You or your son should find an attorney to make sure the deal is a fair one.
Answered on Oct 10th, 2012 at 3:43 PM
If your son is a minor then he is legally unable to enter into a settlement agreement. The insurance company knows this. You should not be representing your son, unless you are an attorney. You should retain an attorney to maximize the amount of compensation your son is legally entitled to receive. Studies have shown that individuals who retain personal injury attorney's receive on average 50% more for their damages.
Answered on Oct 10th, 2012 at 3:42 PM
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Get a lawyer. You will get a much higher offer. Further, unless your son is a minor or you are the executor they probably do not have to deal with you if they don't want to.
Answered on Oct 10th, 2012 at 3:40 PM