Can a person with power of attorney for another, file a claim pro-se on their behalf regarding personal injury from an auto accident and property damage?

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Can a person with power of attorney for another, file a claim pro-se on their behalf regarding personal injury from an auto accident and property damage?

And can 2 seperate claims be filed or must they be filed together as one cause of action? The at fault insurance company has made a low ball offer with regard to the vehicles value when research puts the vehicle at nearly double their offer and they went so far as to threaten to drop off the wrecked vehicle on our lawn in an effort to get us to accept and regarding the personal injury they didn’t even offer enough to pay the medicals and nothing for pain and suffering. The insurance company is jerking us around and have failed to be reasonable or compromise when they are at fault.

Asked on December 31, 2012 under Personal Injury, New Hampshire

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

By executing a General Durable Power of Attorney, the "principal" - the person for whom it is enacted - appoints you as the attorney in fact for any action that may be required to undertake on your behalf, with certain exceptions (like executing a Will).  Bringing a lawsuit on your behalf could indeed be considered to be one of the instances considered in its execution.  More information, though, would be needed.  You could bring both a PI and PD claim in the same lawsuit.  Consult an attorney.  Good luck.


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