Generally- it is permissible to use the same lawyer. However, if the at fault driver has a CSL policy then that lawyer has a conflict of interest. Other situations could present a conflict as well. I would suggest asking that lawyer if he/she feels that a conflict exists and I would also consult with another lawyer for a second opinion.
Generally you should have your own separate lawyer. You may have claims against her and her insurance, and there are possible other conflicts of interest. If you do not have an attorney yet, feel free to call me at 404-768-3509. Do not make any statements to the other driver's insurance, or to your friend's insurance.
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Having the same lawyer is not generally recommended. As noted by other counsel in response, there may be issues as to her operation of the vehicle. There may also be a a conflict in regards to division of any settlement. Having the same attorney does not reduce costs if that is a concern.
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Generally, you probably want to have your own counsel to avoid a potential conflict of interest.
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Its better to have separate attorneys. I agree with my colleagues - better safe than sorry.
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If you and a passenger are in a car accident and both suffer injuries, then you can retain a lawyer. If it is alleged the driver is comparatively at fault, then the same lawyer cannot represent the passenger and driver in the same lawsuit. This is a conflict of interest. In certain states, this conflict cannot be waived.
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Not recommended for number of legal reasons too long to go into in this forum. If you or she were injured, speak separately to different personal injury attorneys. This office would be happy to offer a free consultation if you contact us through our website at www.rgrothsteinlaw.com
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If you are a passenger in an accident and the passenger and driver want to obtain the same attorney, there must be no conflict of interest. Commonly, a conflict occurs between the driver and passenger if there are any allegations of fault against the driver. Another issue is whether there is limited insurance such that the driver and passenger will be fighting over the same insurance money. Call a local attorney in your area and discuss the issue.
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If your girlfriend was not responsible for the collision, then there is no problem using the same attorney. However, if your girlfriend was responsible, then there is a direct conflict of interest and separate attorneys are required.
I represent drivers and passengers in vehicles of the same accident all the time. I don't see a problem with it. Typically, you will both be on the same claim with the at-fault's insurance anyway.
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