Legal Question in Insurance Law in North Carolina

Auto Accident Lawsuit

My wife was ''at fault'' in an accident that did very minimal damage to the other vehicle. The drivers side of her mustang caught the passenger side front bumper in an glancing situation. One of the of the occupants is claiming permanent and dibilitating damages to his wrist. Our insurance company refuses to settle and he has filed a suit against her. In his claim, which is clearly false, he states in great detail his actions as ''driver'' of the vehicle. He was not driving and the accident report states that. He is clearly attempting to defraud the insurance company. The insurance company has retained a lawyer to ''represent'' both the compnay and my wife.

My question after all of this is does she have a counter claim against this guy?

Second, The letter from our insurance agency states that we may want to consider obtaining our own counsil, as their lawyer will attempt to look out for our better interests as well, but primairly they are going to take care of the insurance company first. Should we obtain counsil of our own?


Asked on 6/07/07, 1:24 pm

1 Answer from Attorneys
John Kirby Law Offices of John M. Kirby

Re: Auto Accident Lawsuit

The lawsuit is not likely truely fraud. Whether the plaintiff was the driver or a passenger is mostly irrelevant, and identifying him as the driver was probably an oversight. Based on these facts she does not have a counter-claim. Whether you obtain your own attorney is your decision. If you believe the injuries to be minimal, then your need for separate counsel is greatly diminished. You may want to consult with an attorney that practices in this area of law.

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Answered on 6/07/07, 8:16 pm


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