what type of lawyer do I need? Do i need a lawyer at all?

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what type of lawyer do I need? Do i need a lawyer at all?

My son was in a car accident with a bicycle. The cyclist was going the wrong
way on a one way street, at night with no lights. His car had 3000 worth of
damage. The cyclist was charged with a DUI. My son was not found at fault.
Her blood alcohol limit was .194 in state of FL. She is now suing us
personally because she didn’t like that the insurance company included the
hospital on the check.

Asked on March 24, 2017 under Personal Injury, Florida

Answers:

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

Answered 4 years ago | Contributor

Your insurance company owes you a defense to any lawsuit filed pursuant to the terms of your policy and they owe you indemnification unless you have breached a term of the policy.  While you may think that an attorney assigned may represent the interests of the insurance company they actually are bound to represent your interests under ethical canons to which an attorney is bound.  Now, while I understand that you may be annoyed that they wish to settle sometimes this is a tactic to save a client (your son) from being personally liable - i.e., settling within the confines of the policy so that there is not a personal judgement rendered.  The hospital must have a lien and that will be an issue no matter when a check is issued.  If you are uncertain about the lawyers assigned go and speak with a Personal Injury attorney on a consultation basis. Even one that represents plaintiffs can explain the process to you.  Good luck.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

There are lawyers who specialize in defense of personal injury cases ("personal injury" cases include cases for property damage or other costs caused by accidents, as well as actual injuries to people), just as their lawyers who specialize in suing for personal injuries; and many of the lawyers who sue for accidents will defend accident cases as well. So you need to be looking a personal injury attorney, one with defense experience. 
But what does it matter to you if the insurer is offering her a settlement, so long as the insurer pays it? The insurer is doing this as a business or economic calculation: that if she sues, it will cost them $X to defend the suit and have  a chance, even if a small one because her case is weak (the outcome is never guaranteed in a lawsuit, and don't believe any attorney who tells you it is), of losing and having to pay out anyway; if against that, they can settle the case with certainty for less money, that's the right business decision. It doesn't matter to them if she was at fault: it's all about dollars and cents. And if the insurer would pay, it shouldn't matter to you, either--if the insurer pays, it does not impact you.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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