The Vehicle in, which I was in conceded to 100% liability and settled for policy. The case is in litigation. My attorney believe that the parked car shares some liability and he strongly believes that they should contribute something. I really don't wanna go through EBT's, more IME's and the driver at fault is a terrible witness as well. Any chance in collecting "something" out of the double parked car?
There is certainly a chance. It depends on the facts of the accident which are not posted here and given that the matter is in litigation, it's probably not wise to post any further information. Your attorney is in the best position to evaluate both the liability and damages situation. Ultimately, the decision is yours to settle a case or not howver you may be selling yourself short. Sit down with your lawyer and discuss your concerns and what he/she realistically hopes toachieve by pursuing the double parked car.
Chances are your attorney is making sure all possible avenues of liability coverage are explored. It is unethical for attorneys to file lawsuits without just cause, so he isn't doing this just to squeeze money out of a party that couldn't arguably be liable in some way. That being said, the decision to sue is ultimately yours and yours alone. Talk to your attorney about why he is recommending this, and whether the possible benefits outweigh the hassle of the process, or not.
There is a chance that you could collect from the parked car if it can be shown that there is liability on said car for the accident. You did not provide enough information to decide this factor one way or the other. IF the parked car was parked at night without the hazard flashers on there may be an argument.
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