3 car accident - What do we do next?

[lkmiss]

A family member, Mike (an adult), was involved in a 3 car accident in a "fault" state (AZ). He was rear ended by vehicle (A) and pushed into oncoming traffic and hit by a second vehicle (B) head on, which totalled Mike's car.

The driver of vehicle A was cited as at fault. Mike was the only one admitted to the hospital with serious injuries. He has various broken bones, visible laceration across his forehead, and other injuries. He still not ambulatory and has short term memory loss caused by the accident. His recovery will take a minimum of 2 months, to include physical therapy, and he is unable to care for himself during this time. We don't know if he will experience any residual issues from his injuries into the future.

The occupants of vehicle A are from another state (they were vacationing in AZ) where their minimum auto insurance requirements are $25K bodily injury and $50K per accident. These amounts will likely not cover the medical expenses. Do we contact their insurance company to find out about their policy or do we leave it to Mike's insurance company to contact them?

Is it likely that we should file a personal injury lawsuit against them (or their insurance company) since it is likely their insurance will not begin to cover the expenses?

Given that they were cited as being at fault, would that be a fairly easy case to win? If not, what are some possible challenges that are typically faced in such cases?

How would an award amount be determined in terms of pain and suffering and long term medical issues?

We are trying to figure out if we should now seek counsel from a PI attorney.

As far as vehicle B, would we need to pursue any legal action against them or would they also be considered a victim of vehicle A? I would like to contact the occupants of vehicle B to get their account of what happened to help fill in the blanks, since Mike has no recollection of the accident or that entire day. Is there any reason why I, personally, should not do so? I would NOT contact the at fault party in vehicle A.

Lastly, would Mike's family's travel costs (airfare, car rental, short and long term lodging, food) to fly out to be with Mike in the hospital and to care for him afterwards be covered by Vehicle A's insurance or an award/settlement? He is incapacitated and unable to care for himself.

Thanks to anyone for answering one, some or all my questions.

 

[Ohiogal]

A family member, Mike, was involved in a 3 car accident in a "fault" state (AZ). He was rear ended by vehicle (A) and pushed into oncoming traffic and hit by a second vehicle (B) head on, which totalled Mike's car.

The driver of vehicle A was cited as at fault. Mike was the only one admitted to the hospital with serious injuries. He has various broken bones, visible laceration across his forehead, and other injuries. He still not ambulatory and has short term memory loss caused by the accident. His recovery will take a minimum of 2 months, to include physical therapy, and he is unable to care for himself during this time. We don't know if he will experience any residual issues from his injuries into the future.

The occupants of vehicle A are from another state (they were vacationing in AZ) where their minimum auto insurance requirements are $25K bodily injury and $50K per accident. These amounts will likely not cover the medical expenses. Do we contact their insurance company to find out about their policy or do we leave it to Mike's insurance company to contact them?

Is it likely that we should file a personal injury lawsuit against them (or their insurance company) since it is likely their insurance will not begin to cover the expenses?

Given that they were cited as being at fault, would that be a fairly easy case to win?

How would an award amount be determined in terms of pain and suffering and long term medical issues?

We are trying to figure out if we should now seek counsel from a PI attorney.

As far as vehicle B, would we need to pursue any legal action against them or would they also be considered a victim of vehicle A? I would like to contact the occupants of vehicle B to get their account of what happened to help fill in the blanks, since Mike has no recollection of the accident or that entire day. Is there any reason why I, personally, should not do so? I would NOT contact the at fault party in vehicle A.

Lastly, would Mike's family's travel costs (airfare, car rental, short and long term lodging, food) to fly out to be with Mike in the hospital and to care for him afterwards be covered by Vehicle A's insurance or an award/settlement?

Thanks to anyone for answering one, some or all my questions.

Is Mike a minor or an adult? If an adult, no one but Mike can do anything. Mike would need to enlist an attorney to represent HIM. Who are you in all this? Mike's family's travel costs matter not. That was a choice they made to come be with Mike. If the at fault party is not wealthy, while a judgment may happen, that doesn't mean Mike would be able to collect. Mike's insurance may have underinsured coverage. He should check with his insurance as well.

 

[lkmiss]

Mike is an adult (my brother), but is still in the hospital and cannot even get out of bed or feed himself. He has memory loss and no recollection of that day. I am the one who talked to the police and found out what happened. I told my brother, but he cannot keep the details of what happened straight because of his head injury.

I live in another state and am trying to do the legwork for him by consulting with attorneys via phone, since he is unable to do so. We haven't even been able to contact his car insurer because he does not recollect the name of it and we have not been able to gain access to his car to obtain the documentation. I understand that ultimately it is Mike who has to enter into any potential contract with an attorney, but I am helping to find one.

I'm stunned that my family's costs of travel to care for him would not be recoverable since he cannot care for himself and if not for the fault of the other driver, those costs would not have been incurred. So my family would be out several thousands of dollars? Why couldn't those costs be re-couped in any lawsuit since it is as a result of the accident?

 

[ecmst12]

He is in the hospital and being taken care of.

 

[lkmiss]

Who goes to his totalled car to retrieve his insurance information/title and to clean out his personal belongings? The accident also has to be filed with his insurance company within a certain amount of time. Patient is incapacitated.

 

[ecmst12]

His next of kin MAY be able to get some information and make some phone calls. Otherwise, it can generally wait until he's got some of his senses back. If the other driver wants to file with his insurance, they can get the information from the DMV. For his own claims, the SOL is measured in years, not days.

 

[justalayman]

and don't be surprised if (eta: when) the driver of vehicle B makes a claim for damages from Mike as well as the owner and driver of vehicle A.

As far as vehicle B, would we need to pursue any legal action against them or would they also be considered a victim of vehicle A? I would like to contact the occupants of vehicle B to get their account of what happened to help fill in the blanks,

well, since they are likely going to be making a claim against Mike, they would be stupid to talk you you at all but you can try. Nothing worse than an uninvolved party causing his brother grief and possibly damaging his defense though.

 

[ecmst12]

They might not make a claim, if it's clear that he had no fault in the matter. Depends on the specific statements from all the drivers and witnesses if there are any.

 

[justalayman]

They might not make a claim, if it's clear that he had no fault in the matter. Depends on the specific statements from all the drivers and witnesses if there are any.

but then again, they might. Then, if there is a suit, Mike will likely be involved. The SOL does not usually allow for engaging in two suits consecutively. By the time the first was concluded, it would likely be beyond the SOL, especially since many suits are filed shortly before the SOL expires so you sue everybody and let the courts release anybody that doesn't look like a defendant.

and it never hurts to ask for money. You never know, they might toss them a bone just to get them to leave them out of any suit that might come from this accident.


Mike also has to realize that not all of Car A's insurance may be available to him as Car B may have a claim against car A and given their injuries are minimal, it is likely they will get to it first.

 

[ecmst12]

Car A will not be able to settle with either driver until all claims have been presented. It's not first come, first serve. If there's not enough coverage to pay all claims in full, then the amount of the policy will be divided proportionally. They will be aware that there were 2 other cars involved and that the driver of one of them received serious injuries, that information will be in the police report. It is likely that Mike will have recovered enough to participate in his own case long before the matter is resolved.

 

[quincy]

Mike is an adult (my brother), but is still in the hospital and cannot even get out of bed or feed himself. He has memory loss and no recollection of that day. I am the one who talked to the police and found out what happened. I told my brother, but he cannot keep the details of what happened straight because of his head injury.

I live in another state and am trying to do the legwork for him by consulting with attorneys via phone, since he is unable to do so. We haven't even been able to contact his car insurer because he does not recollect the name of it and we have not been able to gain access to his car to obtain the documentation. I understand that ultimately it is Mike who has to enter into any potential contract with an attorney, but I am helping to find one.

I'm stunned that my family's costs of travel to care for him would not be recoverable since he cannot care for himself and if not for the fault of the other driver, those costs would not have been incurred. So my family would be out several thousands of dollars? Why couldn't those costs be re-couped in any lawsuit since it is as a result of the accident?

lkmiss, you ask in another thread for help in locating a good attorney in Arizona to handle your brother's accident claim.

One way to locate an attorney is to contact the Arizona state Bar Association (http://www.azbar.org) and look for attorneys with the proper specialization who work in or around the area of Arizona where you brother is being treated.

Another way is to contact an attorney in your own area whom you know and trust, or one who has a good community reputation, for advice and direction in finding an attorney to look into your brother's accident and potential claim. You can also ask this attorney about the possibility of obtaining a power of attorney so that you can handle your brother's affairs for him if he is unable, due to the injuries sustained, of handling them himself.

Advertisements and attorneys' personal websites may or may not accurately reflect the reputations of the attorneys doing the advertising, so you are wise to be wary of hiring anyone based on these alone. The same goes for ratings sites - especially those ratings sites that attract the disgruntled. These can often be unfairly biased against an attorney.

FreeAdvice also has resources available for you to check, through their "Free Case Evaluation" and "Ask a Lawyer" links at both the top and the bottom of this page.

This said, there is only so much you will be able to do on your own to assist your brother. Helping him locate an attorney and/or hiring an attorney for him may be the limit of what is possible for you or members of your family to do.

Good luck to you and to Mike. I hope he recovers quickly and completely.

 

[latigo]

This is a follow up to a previous post on a 3 car accident (see old thread a few threads down). I am trying to do the legwork to find an attorney in AZ (I don't live there) for my family member's accident. Other than google and looking at online reviews and ratings (which may or may not be authentic (i.e. Avvo.com)), how does one go about finding an attorney with a good reputation sight unseen? What about referral services, or do attorney's pay for that "referral"? I did come across a magazine that listed the top 5 attorneys for various specialities, is that a good start?

I have done a couple of phone interviews. One law firm has their snazzy website and indicates that they were voted "best law firm", but by whom, as other websites also mentioned something similar. Also, there are two partners and one non-partner attorney. I interviewed one of the partners, but it sounded like the case would be passed onto the non-partner in the firm, though the partner said he would be involved in the case in their weekly meetings they hold on all their cases and if it went to trial, he would be lead attorney. I am a bit troubled by that because I am interviewing the "partner" and researching the partner, and know nothing about the non-partner. To me, it's like interviewing a prospective employee, hiring them and then their brother shows up for work. Is this "team" based approach common? I can understand having the partner having someone do the nitty gritty work on a case, but who ultimately is the one personally negotiating with the insurance companies and/or their lawyers?

Is this typical in what is presumably a sought out law firm? I know the bigger ones have many attorneys on staff and the partners are the face of the firm. But, if I'm interviewing an attorney, I would expect he/she to be THE attorney.

Can someone please help me navigate this, as I have never had to hire an attorney, and definitely not one out-of-state?

Thanks so much.

What gives you the naive notion that YOU can “interview and hire he/she to be THE attorney” to represent SOMEONE OTHER THAN YOURSELF?!

If it is because you mistakenly believe that family members have a cause of action against the alleged tortfeasors(s) to recover their expenses in traveling to and from your brother’s hospital bedside (which you alluded to earlier), then forget it.

Because the only tort claim kinfolk “might” have is if the brother unfortunately expired as a result of his injuries.

Which is something you ought to be more concerned with than scrambling around on the Internet asking strangers how to shop for an “out of state attorney”.

Which is a misnomer in itself as it is the exclusive perspective of a non-entity to these issues.

If the brother is incapable of seeking and employing legal counsel on his own volition, there are legal means by which the authority to do so can be delegated or assumed.

 

[lkmiss]

I have the "naive notion" because my brother asked me to help him out in finding some options. And I think even a layperson knows that you can't hire an attorney for another person. Thanks for your quick, albeit incorrect, assumptions on all fronts during this difficult time.