QUESTION
Does my 19 year old have to return a lawyer's call? He is representing a person she hit in front, but was not at fault as she was hit from behind.
Asked on May 12th, 2015 on Automobile Accidents - Florida
More details to this question:
My 19 year daughter was 2nd of 3 cars stopped on the highway due to a box in front of the first car. She was hit from behind by a fourth car and spun out of her lane and hit someone in the adjacent lane. That car flipped and now has hired a lawyer who wants to talk to my daughter. My daughter's car was totaled and she was found not at-fault by the cops and insurance company. Shouldn't all personal injury for everyone in this accident be covered by the person who was found at-fault? Since the title of the car she was driving was in my and my wife's name, are we liable for anything (we do have 100/300 liability insurance)? Is she obligated to return the lawyer's call and re-narrate her traumatic experience since all information they need will already be in the police report? Thank you.
1 ANSWER
Personal Injury Law Attorney serving Miami, FL
Partner at
Law Offices of Kirshner, Groff & Diaz
3 Awards
Neither you, nor your daughter should be speaking with the lawyer. What you must do, is immediately report the accident to your insurance company, including the contact information of the lawyer who is calling you (and any correspondence you receive from this lawyer). You insurance company will assign a professional claims adjuster to figure out what the lawyer is looking for and protect your interests. The lawyer may simply be looking for information to establish a claim against the true, at-fault motorist; he/she may be looking to solicit your daughter as another client against that at-fault person*; or if the at-fault car has only limited coverage, the lawyer may be looking to place some of the fault on other drivers, like your daughter. Let your insurance company handle it and only speak to someone with their consent. Fortunately, your daughter was not injured in the accident (which is most important) and that you and your husband purchased adequate insurance coverage; too may Floridians do not.
*As to solicitation; never hire a lawyer that calls or shows up at your house uninvited, not to mention the clear conflict of interest in representing people in different cars.
If there is more information or advice I can provide, I am happy to do so.
Answered on May 12th, 2015 at 2:33 PM
Jonathan Groff is an AV Preeminent, rated Personal Injury attorney representing clients throughout Florida. (305) 661-3633; Mobile, (305) 302-8807