Need some advice
My younger brother was recently involved in a car accident where he was hit by a driver turning left while he had a yellow light. The police determined the other driver was at fault and included that in the report. However, now that the insurance is involved, they’re trying to blame my brother, claiming the light was red (they didn’t specify if it was red before he crossed or after).
A few days later, the other driver ended up in the hospital with cardiac arrest, and now her family is looking to sue my dad for emotional distress instead of going through the insurance for medical expenses. Has anyone dealt with a similar situation? Any insights would be greatly appreciated!
I’m sorry to hear about your brother’s accident; that sounds really stressful for your family. When dealing with insurance claims, it can be common for companies to try to shift blame in order to minimize their payout. Here are a few steps you might consider:
Documentation: Keep all documentation related to the incident, including the police report, any witness statements, and your brother’s medical records. This information can be critical in disputing the insurance company’s claims.
Insurance Communication: Make sure that your brother’s insurance company is aware of the police report and that it clearly states the other driver was at fault. It’s important to stay on top of communication and make sure they are advocating on his behalf.
Legal Advice: It may be beneficial to consult with an attorney who specializes in car accident cases. They can provide guidance on how to navigate the insurance claims process and any potential legal actions, especially considering the family’s desire to pursue emotional distress claims against your dad.
Witnesses: If there were any witnesses to the accident, see if they can provide statements. This could help refute any claims the other driver’s side is making.
Medical Records: If the other driver is really in need of medical assistance, it’s not unusual for families to seek compensation for emotional distress, but they would typically need to provide evidence of how your brother’s actions contributed to that distress.
Stay Calm: Emotions can run high when accidents happen, but try to keep communication open between your family and the other driver’s family. Sometimes, mediation can resolve issues without escalating into lawsuits.
It’s tough to navigate these situations, but focusing on clear documentation and potentially involving legal support can help clarify things as you move forward. I hope your brother recovers quickly and that the situation resolves in the best possible way.