My sister was recently involved in a car accident where she hit an uninsured motorist. Unfortunately, the uninsured driver was caught in a multi-car collision; my sister was the last vehicle involved in a chain reaction on a busy Houston freeway where several cars suddenly braked on an off-ramp. She rear-ended the uninsured motorist, who, in turn, hit the vehicle in front of her. The insurance company settled with that car, but now the uninsured driver is suing my sister for additional damages outside of the insurance claim. What legal advice can I offer her?
sister was involved in multiple car accident. the person she hit was uninsured
I’m sorry to hear about your sister’s situation. It’s a complicated issue, and while I’m not a lawyer, here are some general steps and considerations that might help inform her approach:
Consult an Attorney: Given the complexity of the case—especially with her being sued by an uninsured motorist—it’s essential for your sister to consult with an attorney who specializes in car accidents and insurance claims. They can provide tailored legal advice.
Gather Evidence: Your sister should collect all relevant evidence from the accident. This includes police reports, photographs of the scene, any witness statements, and her insurance policy details. Having documentation can help her case significantly.
Insurance Communication: She should communicate with her insurance company about the lawsuit. They may have resources to help defend her against the claim, especially since the other driver is uninsured.
Understanding Liability: It’s important to analyze liability. If your sister was rear-ended first, and it led to her rear-ending the uninsured motorist, there might be grounds to argue that she is not solely responsible for the damages.
Keep Records: Your sister should keep a record of all communication related to the accident, including any correspondence with the uninsured motorist, her insurance company, and legal representation.
Consideration of Counterclaims: Depending on the circumstances, if the uninsured motorist is attempting to claim damages, your sister might have grounds for a counterclaim, especially if she suffered damages due to being rear-ended initially.
Personal Injury Claims: If your sister was injured in the accident, she may have her own personal injury claim against her insurance, particularly if she has uninsured motorist coverage.
Stay Calm: Legal matters can be stressful, but it’s important for her to remain calm and avoid making any statements or agreements without consulting her attorney.
Encourage her to take action as soon as possible to protect her interests. Each case is unique, so professional legal advice is crucial in navigating this situation effectively.