The attorney is paid by the insurance company and so despite any claims to the contrary, he is working for your insurance company. Insist on being present for the court ordered mediation. Best of luck.
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Defendant usually isn't required to attend the mediation, but you're more than welcome usually if you wish to attend.
Legal disclaimer: Talal B. Ghosheh. is licensed to practice law in the State of Georgia. All information given is based only on Georgia law, and is not directly applicable to any other jurisdictions, states, or districts. This response, or any response, is not legal advice. This response, or any response, does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information. Any state specific concerns should be directed to an attorney who is licensed to practice law in that respective state.
Usually the defendant is not required to appear, but the insurance company adjuster with authority to settle is required to appear.
You don't need to attend, but if you do you can weigh in on what you want to have happen in the case. The insurance owes you a number of duties of good faith, including to settle the matter to avoid liability to you for the incident subject to coverage. If you want the insurance company to offer up enough to make the case go away, being there is your best shot, particularly if the potential claims exceed the limits of your insurance coverage. Good luck!
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Do you want to show up and be put on the spot as to whether you would like to personally contribute money out of your own pocket? If you aren't going to show up and personally offer money, what would be the purpose of you being there? Your insurance adjuster will attend and will offer money to get the claims against you settled. You could go if you want, but it sounds like you will sit there, do nothing, and/or contribute nothing.
"Your" attorney is hired and paid by your insurance company, but he has a legal duty to you. It sounds like both sides agree that the case will be settled within your policy limits, making it unnecessary for you to attend. But it wouldn't hurt to get assurance to that effect from "your" lawyer. And he of course should report to you the outcome at mediation.
Ask your attorney what your policy limits are, and how much the plaintiff has offered to settle for. If the plaintiff's starting point is already less than your coverage limits, it would be okay if you did not go. If you acknowledge that you caused the collision, and think that the injured person should be compensated, your presence and urging your attorney and insurance carrier to do the right thing could help get the case settled without a judgment against you.
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