If the other driver in a car accident was partly responsible, do we need to hire an attorney?

Question

My daughter was hit on the driver's side. She was at the stop, (stopped) but proceeded to make a left hand turn. She did receive a citation.  She says the other driver came out of nowhere and was speeding but he says he was going 35. The passenger in his car says he wasn't wearing a seatbelt, but he lied to the police and it's on the report as so. We also think he was talking on his cell phone. If he is, in any way, partly responsible, and do we need an attorney? He first said he had a mild concussion, now, a month later, it's become severe.  She is on our policy. After her limits expire, can they tap into ours?  She is 19 and the owner of the car with her name on the title.

Gary Platt · Answer

Assuming you and your daughter have insurance, your insurance  company will  investigate the accident and will hire an attorney to defend  you.   However, the insurance company will NOT hire an attorney for you to  sue the other  driver for your own damages, so you should get your own counsel  who can  work with your insurer's attorney to defend you AND prosecute an action   against the other driver.   If the other driver successfully sues you and your daughter, as the  owner  of the car you can be held responsible for up to $15,000 per person or   $30,000 total per accident (if there is more than one person suing you for   damages) for personal injury damages, according to statute.  If your  daughter  is found to be 100% at fault, she can be sued for the total amount of  the  damages, even if they are over the limits on her insurance policy.  The  insurer will pay up to the policy limits, and your daughter as an  adult will  have to pay the balance of any judgment against her over her  policy limits.

Ronald Lowry · Answer

Your insurance company is supposed to handle this for you and hire an attorney to represent your daughter if the other driver files a lawsuit. This is a complicated question requiring the review of your/her liability policy and quite a bit of discussion. Contact an attorney experienced in personal injury matters. If you don't know one contact me and I'll refer you to the best such attorney in your area at no charge.

Arthur Aiken · Answer

You should report this claim to your insurance policy. The policy language probable requires your insurance company to retain and pay a lawyer to represent you and your daughter.

Michael Heilmann · Answer

There is not enough information to give you  accurate guidance. In any event, if she is a MI insured she has life time medical benefits but she must fill out an application with her insurance. If the the other driver was 51% at fault, she may collect for her injury.

Jared Altman · Answer

In order to sue for being injured in a car accident you have to sustain a "serious injury" which includes death, dismemberment, a broken bone, loss of a fetus, significant disfigurement and certain other specific kinds of lesser injuries including being disabled for at least ninety of the first one hundred and eighty days following the accident.

Paul Evans · Answer

The issue of fault in an auto accident is often disputed. The police report does not settle the matter, they can be plain wrong, mistaken, mislead, or misinformed. You do not need to hire an attorney to defend against the other driver, because your insurance company has a duty to provide that defense. On the other hand, if your daughter was physically injured, it may very well benefit her to have her own attorney for that claim. Again, she does not need to "hire" a lawyer, because personal injury claims are typically handled on a contingency, where the attorney would be paid only out of any proceeds recovered for their client.

Charles E. Cartwright · Answer

If you are a part owner of your daughter's vehicle, you may have liability. You will not have liability if the vehicle is solely in her name. Your insurance will pay only if you have liability. Your daughter's insurance company has a duty to protect her interests which includes settling the case within the limits of her insurance if possible and if it would be in the best interests of your daughter. Your daughter should speak with her insurance company and lake sure they are doing everything they can to protect her. If she feels her insurance company is not protecting her, she should contact an attorney.

Dennis P. Mikko · Answer

Since she was driving a car titled in her own name, she is responsible for the accident. The other person would not be able to come after you. She should make sure a proper claim has been filed with the insurance company. If the matter is not resolved and she is sued, the insurance company should be immediately notified as part of the policy would be to provide her with a defense and an attorney. You are always free to hire your own attorney but at this point there does not appear to be a need for you to do so. If you become involved, again, immediately alert the insurance company as the policy would provide you with a defense too.

Michael Dungan · Answer

If you are sued by the injured driver, turn the lawsuit over to your insurance carrier.  They will provide with a lawyer of their choice, at their expense, that is one of the things you are paying for with your insurance premiums.  You should not have to hire an attorney of your own at your own expense.

Paul Whitfield · Answer

You cant turn left in the face of oncoming traffic no matter how fast it is coming. The other fellow was probably driving too fast. Both parties appear to be at fault. Tell all this to your insurance company and go back to watching the Olympics This is what insurance companies deal with every day and what you pay them premiums for. If you get sued the insurance company will hire a lawyer for you.

James Kelaher · Answer

It's never a bad idea to hire a lawyer. We have comparative negligence in Florida and you need someone to advocate your position with the insurance company.

Phong Thanh Tran · Answer

If liability hasn't been established yet or may be litigated, it is a good idea to seek the advice of an attorney.

C. Hopkins · Answer

If you do not have any ownership interest in your daughter's car, she shouldn't be on your policy.  She should have her own policy. Your insurer may not cover the daughter if you have no ownership interest in the car, unless she was on an errand for you.    1.    You need to consult an atty asp on that issue.     2.    You need to contact your auto insurance company and turn this matter over to them for all further handling.

David Hibbert · Answer

Be sure your insurance company has been notified of the claim. Yes, consult an attorney , your daughter may have a claim against the other "speeding" driver . That she got a ticket is not dispositive of the negligence claim. The officer did not see the incident.

Robert Lucky · Answer

You should contact your insurance company as soon as possible. Your insurance company will provide an attorney to defend your daughter in the matter and to ensure that she is protected. You may wish to consult with your own attorney to determine the chances of fault being assigned to the other driver once all of the facts are exposed.

Jeffrey Lapin · Answer

As to whether you need an attorney, you should not need to hire an attorney on your own. Your insurance company, which insures your daughter, should "fight" the other driver about the percentage of fault between your daughter and the other driver. If they cannot reach an agreement and your daughter gets sued, your insurance company would hire an attorney, at their cost, to defend your daughter. I cannot answer with absolute certainty because I do not know have enough information, but, based on the information you did provide, I do not believe your policy would apply to the accident. The other driver would be limited to your daughter's policy.  If you have questions about the claim of the other driver, talk to the insurance adjuster handling it the case. He or she should provide you an update.  You, or your daughter, are free to hire an attorney to help. However, you would have to pay that attorney out of your own pocket.

Timothy Klisz · Answer

No. I doubt it. She should be covered and insured, and is the owner of the car. Your assets are not at risk.

Thomas Edward Gates · Answer

Unfortunately, the side issues you raise have no affect to the fact your daughter  was making a left-hand turn and was in an accident.  By RCW one must yield to oncoming vehicles when making a left-hand turn.

Bernard Jones · Answer

Let your insurance company handle it. That is what you pay them for. That said, it is never a bad idea to let your lawyer review the accident report and make sure your insurance company is actually working for you and not themselves.

Paul Samakow · Answer

Virginia is a contributory negligence state, meaning if either party   to an accident is even 1% at fault, they cannot make a claim against   the other party.  Your daughter is at least 1% at fault here.  Call   your insurance company and let them handle this for you.

Bruce Arthur Plesser · Answer

No but you'll get screwed by insurance co.

Leonard Schwartz · Answer

I assume your daughter is on your policy without any conditions. That would mean that whatever coverage you have would also apply to your daughter. Any claim by the other passenger or driver should be turned over to your insurance company. You might consider an attorney for her for the citation. Depending upon the state there may be MVC points.

Stuart Nachbar · Answer

Did you file an amended Police Report as that is the first thing to do, so you are sure it is documented that she has a different version of how the incident took place.  As for an attorney, I presume you are talking about for the Municipal Court Citation, I always believe in having Counsel.  As for the policy, the policy is the policy.  It sounds like you have a balloon policy or a multi car policy, but it still has the limits sets.  As for defending her against a civil suit, her insurance company will provide same.

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If the other driver in a car accident was partly responsible, do we need to hire an attorney?

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