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Question:conflict of interest - the plantiff'sattorney in VA state??

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justiceNeeded

Junior Member
What is the name of your state? VA
Question:conflict of interest - the plantiff'sattorney in VA state??

Around December a guy hit my mom in the parking lot on the back side of her car. the impact scared her and caused her to hit the car parked in front of her.
she was trying to park when the guy hit her.

My mom does not speak much english. the guy told my mom to move her car. she move it. seems that guy "positioned" the car differently.

when the cop came, cop spoke to the guy 1st. i do not know what the guy said but the police report is wrong. somehow the cop wrote my mom a ticket, although
the guy caused the accident. at court, my mom had a lawyer but they got the ticket charge reduced.

The guy that hit her had 2 witnesses (the same ethnicity as him) & they supported that guy.(lied in court with that guy).
my mom got "improper driving" in court case & that guy got off with no charges. my mom's lawyer recommend that they NOT appeal

Now a few days ago, that guy is SUING my mom for claimed "medical damages" and compensation.
1) she was the victim
2) he hit her but got the cop to write a different story on the police report
3) this occurred in a parking lot, speed would have been low, but he cause damage to her car, so what "claimed injury could he even have"
5) she has not been able to drive for months because of this guy hitting her- emotional distress

I feel like this is a discrimination case. and that guy is committing insurance fraud
My mom should be suing him, not the other way around. I notice that the suit document had a lawyer's name that i recognized.
In November 2007, i spoke to the now plantiff's lawyer (regarding hiring him for my mom's case for the traffic charge)
I gave that lawyer details of what happened. Is this conflict of interest? The plantiff's lawyer could have information that
he could use. Will the judge require the plantiff hire a different lawyer?

I have the call record where I called that lawyer's office in November 2007. Suggestions?
How do I report this guy for insurance fraud for his "claimed" personal injuries when he caused the accident?
Insurance has yet to assign us a lawyer. Thank you. Appreciate any help.What is the name of your state?What is the name of your state?
 


ecmst12

Senior Member
You did not describe exactly how the accident happened so we can't say whose fault it was. You will need to provide more details. As far as the other driver's claim for injuries, let her insurance handle it.
 

Zigner

Senior Member, Non-Attorney
You did not describe exactly how the accident happened so we can't say whose fault it was. You will need to provide more details. As far as the other driver's claim for injuries, let her insurance handle it.
With a CONVICTION against her for the act that caused the accident, it's REALLY going to be an uphill battle. I predict the insurance will pay out before this ever gets even remotely close to court.
 

justiceNeeded

Junior Member
response

my mom was trying to park in a shopping center parking lot. the guy behind her was impatient & tried to go around her & hit her on the back side of her car. Impact scared her and she hit parked car in front of the spot (she was trying to park in). Since my mom doesn't speak much English, the cop took the guy's story on the police report (which that guy just used to his advantage).

can we use conflict of interest w/ the lawyer, since I talked to the plantiff's attorney in November 2007? can we get the judge to require that he choose a different lawyer?

I thought if car insurance hire a lawyer for her then that lawyer (representing insurance company) & Me would have same goal: NO PayOut to that guy, who caused the accident.
 

justiceNeeded

Junior Member
also mom's insurance company denied his initial claim because in VA if he's 1% at fault, then there was no payout to him and i guess that is why he is trying to make fast buck using lawsuit
 

ecmst12

Senior Member
She is at fault for hitting the parked car. He is at fault for hitting her. What did he tell the police that she received a ticket?

I doubt there is a conflict of interest since the lawyer never represented your mom. Her insurance will continue to fight the claim on her behalf.
 

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