There is no law that requires claimants to retain an attorney when filing a claim, but it is heavily recommended that they do. Make no mistake, auto accident claims can be stressful, lengthy, and complicated, so it’s best to have an experienced professional working on your behalf to ensure that everything is done right and within compliance.
When to Lawyer Up After a Car Accident. Usually, car accidents involving serious or long-term injuries require an attorney to get the most desirable outcome. An automobile accident brings with it a host of questions.
Sometimes, innocent passengers can get caught in a dispute between two insurers over which driver is more liable. Let's say insurer #1 believes its driver is only 25% at fault, but insurer #2 also believes its driver is only 25% at fault. That means each insurer is only going to be willing to pay $25,000 toward the settlement.
In a fault-based state, once the passenger has completed his/her medical treatment, and is healed (or has reached "maximum medical improvement") the case is ready to be settled. If it is a case where both drivers could be at fault, the injured passenger (or his or her lawyer) will negotiate with both drivers' insurance companies.
Here's why. A passenger who gets hurt in a car accident usually has an easier time than most other personal injury claimants. That's because the passenger typically doesn't have to worry about proving liability; someone else (usually one or more drivers) is going to be at fault for the car accident.
Call 911. Ask them first if there's an injury. If there is, call 911. Even if no one is hurt, it's still a smart idea to call as many areas legally require you to report accidents.
parentCalifornia Vehicle Code 17707 VC is the California code section that makes a parent liable for his child's driving. This section makes a parent liable for any damages caused by his minor child in an automobile accident.
Passengers are not typically held liable for a vehicle accident because they're not the driver of the vehicle. Anyone who holds the steering wheel and operates the vehicle is the driver. Furthermore, in law, negligence leading to an accident that is caused by the passenger is not valid.
You Can Sue a Minor for Causing Personal Injury You can sue them for negligence. But the kid's liability depends on their age and relative maturity. Generally speaking, the younger and more immature the child, the less likely a state will allow you to sue them for negligence.
If you allow somebody else to take your car and they get into an accident, your insurance provider is liable to pay the claim, based on your policy's coverage. The claim would be marked on your insurance record, which might have an impact on your future insurance costs.
Car drivers and front seat passengers must wear a seat belt, unless they have a medical exemption certificate. Adults travelling in the rear of a car must also use seatbelts, if they're fitted. It's the responsibility of the adult passenger (not the driver) to make sure that they are using the seatbelt.
As a driver, you are expected to take responsibility for your passengers; from making sure that you stick to the correct number of passengers for your car, to ensuring that all passengers are wearing seatbelts. Failing to take responsibility for your passengers can land you in hot water with the law.
When you are a passenger, what can you do to make sure you and other people in the vehicle are safer? (e.g. use restraints properly or they will be ineffective; use a booster seat; sit in the back seat if it is possible; do not distract the driver.)