On november at night my dad was making a left turn and the other guy was going straight,the accident took out the left side of my dads front bumper,windshield,and took the right headlight off.The other guy had damage to his right headlight and on his bumper. The guy is sueing us for 10 grand for damages and"personal damage" and the insurance officially declared my dad guilty, now i know we cant win the case but is there any possible way we can make him go to the doctor and prove that he has nothing wrong with him because on the scene he reported not to have anything wrong with him?Can something be done about our situation?
If the insurance you are referring to is your dad's insurance company, then they will hire an attorney to defend your dad in the lawsuit. They should handle everything for you, and you should have nothing to worry about.
Let your insurance company handle it. A lot less stress for you. If it thinks it is in their, and your, best interest, it will force the matter into litigation and demand that a defense doctor examine the plaintiff. However, people frequently do not experience pain immediately after the collision. Adrenaline wears off, stiffness set in, and the symptoms of injuries sometimes get worse. The fact that this person reported nothing wrong at the scene doesn't mean much. It can be used against him, but is far from conclusive.
I am not your attorney and don't know anything about your problem. Do not rely on my response other than as information used to hire an actual attorney.
it sounds like you (your dad) are being sued in small claims court. you don't have a right to demand that he prove his injuries by going to the doctor.
you should make sure that your insurance has the lawsuit so they defend him in court.
also, considering your father is at fault here, your father should encourage his insurance to pay out without going to court (settle) since if your dad loses, even $1 in court, that is a judgment against your dad, that will significantly affect his credit rating (even if the insurance company pays for it).
If your dad ends up losing and the plaintiff wins any sum, your dad may be entitled to sue his own insurance for "insurance bad faith".
If sued in Superior court, let ins co know, and it will hire lawyer to defend the case, or settle it. If small claims court, let ins co know. They may help prepare your dad for court, and sometimes they send an adjuster to small claims court to see if they can settle the case there. if your dad loses in small claims, let ins co know. It will either pay the judgment, or help your dad file an appeal. They can supply a lawyer for the small claims court appeal.
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