Navigating Post-Accident Legal Complexities: A Guide for Victims

Your sister's recent accident is a troubling situation, made even more complex with the driver's subsequent actions. Here’s a guide to help your sister navigate this challenging terrain effectively.

Role of the Insurance Company

First and foremost, it is crucial to understand that your sister’s insurance company will be handling the legal aspects of the accident. According to Tim Akpinar, once the other driver has hired a lawyer, the situation shifts from a civil dispute to a more intricate legal scenario. It is advisable to refer any communication to the insurance company and ignore the legal aggressor.

Evaluating Fault and Insurance

Of paramount importance is to establish who is at fault for the accident. The other driver may contest liability, and it is possible that you, your sister, or both parties may have contributed to the accident, albeit minimally. However, the responsibility of proving negligence or fault lies with the other party’s lawyer. Your sister should be aware of the following:

Does the other driver actually have insurance to cover the claim? Does the other driver have a lawyer, and if so, what is the nature and extent of his legal defense? How does your insurance company plan to defend you, and who will be assigned to represent your interests?

Your insurance company will investigate the matter and assign an attorney for your defense if proper insurance coverage is present. The primary goal of the insurance company is to protect their interests, which means ensuring that the claimants do not receive an excessive payout from their sister's insurance. If they are not providing adequate defense, it might be worth seeking an attorney willing to take your case on a contingency basis.

Damage Assessment and Evidence Collection

Typically, insurance investigators play a key role in determining the cause of the accident and establishing fault. They can assess the type of damage, skid marks, broken glass, and other evidences at the scene to estimate the speeds and determine the sequence of events. Modern technology, such as neighborhood security cameras, intersection cameras, ATMs, dash cams, and witness accounts, can provide further information. A skilled insurance investigator can use these resources effectively to piece together the exact sequence of events, ascertain the relative speeds of the vehicles, and identify any individual or vehicle that might be at fault.

Moreover, investigating attorneys can leverage this information to secure witness testimony and build a robust legal case. The insurance company’s role goes beyond basic defense; it is crucial to ensure that the claim is thoroughly examined to safeguard the victim’s interests.

Conclusion

In summary, the key points for your sister to remember are:

Once the other driver hires a lawyer, the legal complexity increases, and your sister should refer all communications to her insurance company. The insurance company will investigate the accident and assign a defense attorney. Insurance lawyers are typically focused on protecting the insurance company’s interests, but alternative legal representation may be necessary if the current representation is inadequate.

Understanding these aspects will help your sister navigate the legal complexities and ensure that she receives the support and representation she deserves.