QuestionQUESTION: Ok ..
About 5 months ago my friends were in a automobile accident. They were hit broad-sided going through a intersection. The officer on the scene gave the ticket to the driver, a young lady, in the second vehicle (vehicle #2), while vehicle one (vehicle #1) which was occupied by my friends did not receive a ticket. There were 2 witnesses that verified to the officer that vehicle #2 caused the accident by driving through the intersection and colliding with my friends in vehicle #1. My friends obtained a attorney (referral through a relative, the attorney after a period of time (one month) told my friends that the insurance company for vehicle #2 will not pay because(quote)..."her parents did not give her authorization to drive the car". At the scene of the accident (listed in the police report)the car was registered to the driver of vehicle #2 and the insurance card policy holder had vehicle #2 name on it. My friends were making payments on their car (vehicle #1) and had 4 payments left. Since all this transpired (nearly 5 months ago) my friends have yet to receive a note for outstanding car payment (balance of $800 - they were paying $200 per month). Since the accident there has been mounting bills from chiropractors and other doctor related bills. Their attorney told them there was nothing she could further do for them. My friends relayed their story to me just yesterday and quite frankly .. I smell a rat!
My background is insurance not the law, but I was wondering is something being over looked here?
Any information would be grateful and appreciated.
Thanks!
ANSWER: Malcolm,
I don't understand what you're getting at.
From what little I know I would guess that the attorney is s not interested in taking their case and using a lame excuse (non-permissive use) that any competent attorney could get around.
I have no idea why your friends would stop paying their insurance premiums...? Do you think their own insurance company is somehow "in" on a scheme to defraud them? That seems really unlikely given the seemingly small nature of the claims.
Sorry I couldn't be more helpful but I just don't understand your concern.
---------- FOLLOW-UP ----------
QUESTION: I am sorry, perhaps I wasn't totally clear. My friends did not stop paying their car insurance. After the accident(that was not their fault according to the witnesses, themselves and the police report#, they haven't been billed for the last four payments of the car #from the car lot they bought it from#. They are not very, #how should I say this ... sophisticated# and did not know simple procedures when a accident occurs outside of getting the other drivers information, which they did #from driver #2# and turned it over to a very young newly hired attorney. After a month of waiting at hear back from the attorney they called only to hear that the insurance company for the young lady, according to the attorney, was not willing to pay because supposedly the parents did not give her, #the young driver of vehicle #2# authorization to drive the car.
Remember, the car and the insurance policy is in the young girls name #driver #2).
So maybe fraud is a bit strong, but I am wondering what recourse or action would you suggest my friends take. Now that I am aware of the situation I will walk with them through it.
Thanks for your response.
ANSWER: Well the first thing I would do is get another attorney that has more experience. This is a fairly common defense that an intelligent attorney can easily overcome.
What state are your friends located in?
---------- FOLLOW-UP ----------
QUESTION: Location: Washington State, Pierce County.
AnswerSorry but I don't have any personal recommendations in that area.
You might try calling the local bar association and asking for a referral. They typically have a screening process that might yield you a more competent attorney.
Best regards and good luck.
