Skip to main content

Do I need a lawyer to defend an at fault accident?

Altamonte Springs, FL |

My wife was at a red light and thought she saw the car in front move. She attempted to catch up with the traffic she thought was moving and hit the car in front of her. The driver of the other vehicle declined to call the police or go seek medical assistance. Now he has an attorney and is claiming $50k medical expenses. This was a very low grade impact. the span of the accident was 3 feet from a stop. Should we hire someone for this?

Attorney Answers 10

Posted

Yes. You should immediately contact a local attorney because it does sound like your wife will bear the fault of this. An attorney can protect your rights and advise you on how to mitigate the damages in your best interest.

Check out my website below and give me a call for a free consultation if you are a California resident 877-427-2752 or you can email me at Michael@Kingofpersonalinjurylaw.com www. KingofPersonalInjuryLaw.com I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference

Mark as helpful

8 lawyers agree

1 comment

Lawrence Joseph Marraffino

Lawrence Joseph Marraffino

Posted

What about his own insurance? They owe a duty to defend.

Posted

No, you do not. You need to call your insurance company and report it to your insurance company and then forward any paperwork you recieve from the other person's attorney to your insurance company. They will retain an attoreny to defend you. This of course assumes you were insured.

Until you retain this firm and we have an attorney client relationship, nothing stated above should ever be construed as legal advice on which you may rely in your actions. If you would like to discuss further, please contact me. Jason Holbrook, Esq. Holbrook Law www.holbrooklawpa.com Sarasota Office 1990 Main Street Suite 750 Sarasota, FL 34236 (888) 908-7824 toll free (941) 538-7878 phone (941) 538-7879 fax

Mark as helpful

16 lawyers agree

Posted

Your wife will only need to hire an attorney if the vehicle she was driving was not insured, and your wife was not covered under any other applicable auto insurance policy.

You should immediately contact your auto insurance company and notify them of this incident. You should send a copy of the police accident report to the insurance company via certified mail. The carrier (assuming that you were insured) will retain counsel to represent your wife at its sole expense. Be sure to cooperate fully with this attorney and your insurance company.

Additionally, your wife should not give a statement to the attorney or investigator for the injured person. Anything that she says, will be used against her.

Good Luck

Answering this question does not create an attorney-client relationship between us. The answer given is for informational purposes only and is not a substitute for contacting an attorney licensed to practice in your jurisdiction and obtaining legal advice from such an attorney.

Mark as helpful

14 lawyers agree

Posted

Simply report to your insurance company to defend.

Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com

Mark as helpful

9 lawyers agree

Posted

Other drivers claims are highly inflated, your insurance company will recognize that. Let them handle it

Mark as helpful

3 lawyers agree

Posted

If you did not carry bodily injury liability insurance at the time of the incident, you probably should contact an attorney to represent your wife. If you are an owner of the vehicle your wife was driving, you too will be implicated in any damage claim if the accident took place in Florida.

If you are insured, turn the entire matter over to your automobile liability insurance carrier and ask them to handle the matter for you. That is why you pay them a premium. They have an obligation to investigate the accident, defend you and indemnify you if necessary. Do not delay in reporting the incident to your carrier.

Legal Disclaimer:

If this information has been helpful, please indicate below.

Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received. .

This ans. does not create an attorney/client relationship.

Mark as helpful

1 lawyer agrees

Posted

It's up to you to hire a lawyer. Report the accident to your insurance company as soon as possible.

Questions answered by me on AVVO does not create an attorney-client relationship.

Mark as helpful

2 lawyers agree

Posted

You should contact your insurance company immediately and report this claim. As long as you have coverage for the accident under you policy, your insurance company will represent you and your wife in the claim. However, if you have assets to protect, you do have the right to retain an asset protection lawyer as well.

This is not to be considered legal advice nor does an attorney-client relationship exist.

Mark as helpful

2 lawyers agree

Posted

Unfortunately some insurance companies have a pattern of exposing their own insured to risk of an excess verdict due to their own claims handling. For this reason, after you contact your auto insurance carrier, which should be done immediately, you may want to consider hiring personal counsel to shadow the insurance company; to remind them of the consequences of their conduct and hopefully help get the issue resolved before potentially putting your financial nest egg in front of 6 strangers.

good luck

Mark as helpful

Posted

Assuming you had valid auto insurance at the time of the accident, then your auto insurance provider will provide you with a very competent attorney to handle your matter. One reason you may need to hire private counsel may be if the individual claiming injuries is demanding more than what your auto policy covers you for. However, this is a situation which your auto insurance attorney will keep you updated on throughout litigation. Good luck.

Mark as helpful

1 comment

Walter C. Jones IV

Walter C. Jones IV

Posted

Thanks Walter C. Jones, IV Board Certified Civil Trial Lawyer Freeman & Jones, LLC 3555 Northlake Blvd. Palm Beach Gardens, FL 33403 Direct Dial # 561-337-3888 561-775-1442 561-775-8099-fax wjones@gardenslaw.com

Lawsuits and disputes topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics