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Why is the other driver using an attorney and stop going through his insurance?

Los Angeles, CA |

To make this short I was recently involved in a car accident. Police officer claimed I was at fault, even though I got hit in the rear corner of my bumper on the driver's side. The other driver was speeding in a construction zone and I was making a left into the street. After starting the process through both of our insurance, he now hired an attorney. why would he do that? what should I do?

Attorney Answers 4


  1. Best answer

    Most likely, the other driver was injured in the crash and is seeking compensation for his injuries. Your insurance company will perform an investigation, determine who is responsible, review the other driver's medical records and billings and attempt to negotiate a settlement within your liability policy limits. It is in your interest to see that the claim is settled before a lawsuit is filed against you. If a lawsuit is filed, California law requires that the other party sue you rather than your insurance company. If you are sued, your insurance company will hire an attorney to defend you at no cost to you. You should cooperate with your insurance company.

    This response applies only to California law, is not intended to be legal advice to any individual and does not create an attorney-client relationship.


  2. While the other driver is the only one who truly knows his or her own motives, its likely that because you were cited as being the at-fault driver, he other driver has retained the services of an attorney to obtain adequate compensation from your insurance company.

    When a person is unrepresented by legal counsel, they often receive a 'take it or leave it' low-ball offer from the insurance company. This offer is meant to compensate them for their injuries, expenses, and pain and suffering.

    Because an attorney can file a lawsuit and haul an insurance company to court if their client deems the offer too low, the attorney can utilize this leverage to get a settlement from the insurance company that is more fair.


  3. Most likely for compensation for personal injuries.

    No attorney/client relationship is or shall be created by this response on Avvo to non-clients of The Law Offices of Norman Gregory Fernandez.


  4. The party knows that the only way to be properly compensated for an injury is to retain an attorney.

    My advice is to retain a local traffic court lawyer to fight the ticket, as it sounds like a very bad call. Most people who are rearended aren't at fault.

    If you were injured, you can retain an attorney from your city from Avvo and have your attorney pursue a claim against his insurance.

    Good luck.

    Licensed in PA & NJ. 29% Contingency Fee. Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com

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