Re: Vehicle Accident , Insurance CO. Reponsibility

You asked about whether you should sue the responsible party in connection with an accident.

Attorneys believe everyone should sue for any injury. During the pendency of a suit the adverse parties are much more likely to consider a reasonable settlement.

You should consult with an attorney. Generally a party injured in a motor vehicle accident must first look to their own insurance coverage. If the injured party does not have insurance coverage or the injuries exceed the coverage then the injured party can look to the proximate insurer and then up the line to the insurer of the responsible party. In your case if you are underinsured then you would look to the insurance of the vehicle in which you were an occupant. If that was insufficient you would look to the insurance of the responsible party (assuming that the proximate and responsible parties are not the same).

In any case, any settlement received should consider legal fees. It is immaterial as to how much any party has to cover the damages as that is only a matter after all claims have been made. Remember, the insurer is out to keep costs as low as possible. They count an parties settling for low amounts before an attorney gets involved. The insurer is not concerned that the injured parties are property compensated, rather they seek to obtain a low and final sum to settle a matter.

Get an attorney and plan on settling the matter. Hopefully you daughter has come through this matter well. But be cautious that she may need to be examined by a specialist and should also consider speaking with a therapist to make certain that she has emotionally processed the events properly. These would also be covered in any settelement or judgment.

Regards,

Roger

Re: Vehicle Accident , Insurance CO. Reponsibility

You should speak to an attorney immediately to preserve your rights. Feel free to call our offices. There is no formal determination of fault until a jury says so...don't let them tell you what to do.