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I was involved in an MVA. I was a passenger in a Vehicle which hit a double parked car (no signals and close to intersection).

Brooklyn, NY |

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?

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Attorney answers 9


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.

This is general advice and does not establish an attorney-client relationship.


You should be guided by your current attorney's advice. If he/she thinks that they have liability and is willing to pursue the case, what's the down side to you? You should discuss this and your concerns with your attorney.


I would follow your lawyer's recommendation. He or she knows all of the facts, and if you have confidence in his or her abilities, follow the advice you have been given,


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.

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If your attorney thinks there is, I would follow his recommendations as he is privy to all of the relevant facts.


Don't try to second guess your attorney. If you do not understand what is going on, simply ask your attorney to get together and discuss why he/she is handling your claim the way he/she is. There should be a good reason your case is being handled the way it is. Best of luck.

Mr. Crosner is licensed to practice law in California and has been practicing law in California since 1978. The response herein is general legal and business analysis.. It is not intended nor construed to be "legal advice" but rather it is analysis, and different lawyers may analyze this matter differently, especially if there are additional facts not reflected in 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. I am not your attorney until retained by a written retainer agreement signed by both of us. See also terms and conditions item 9, incorporated as if it was reprinted here.


Your lawyer would be in the best position to advise you


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.


Follow the advice of your Attorney.


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