Seeking advice:
My younger brother was recently involved in a car accident where he was hit by another driver making a left turn while he was going through a yellow light. The police assessed the situation and determined the other driver was at fault, documenting this in the police report. However, now that the insurance companies are involved, they’re attempting to shift the blame onto my brother, claiming the light was red (they haven’t clarified whether it was red before he crossed or after).
To complicate matters, a few days later, the other driver experienced cardiac arrest and is now in the hospital. Her family has decided not to sue the insurance company for medical expenses, but rather to pursue a claim against my dad for emotional distress.
Has anyone experienced something similar or have any advice on how to navigate this situation?
I’m sorry to hear about your brother’s accident; that sounds really stressful for your family. It’s concerning that the other driver’s insurance is trying to shift blame despite the police report stating their driver was at fault. Here are a few things you might consider:
Document Everything: Make sure to keep a record of all communications regarding the accident, including the police report, statements from witnesses, and anything from the insurance companies. This documentation can be crucial if disputes arise.
Consult an Attorney: Given the complications with liability and the potential emotional distress claim, it might be helpful to consult with a personal injury attorney. They can provide specific legal advice and help your brother navigate the insurance claims process.
Witness Statements: If there were witnesses to the accident, their accounts may help reinforce your brother’s position. Encourage them to provide statements if they haven’t already.
Insurance Adjuster: If your brother has his own insurance, he can also report this situation to them. They may be able to advocate on his behalf to counter the other insurance company’s claims.
Emotional Distress Claim: If the other driver’s family is pursuing an emotional distress claim, it might be wise for your family to prepare for that possibility. An attorney can advise on how to handle such claims if they arise.
Stay Calm: It’s important to remain calm and collected; insurance claims and legal matters can take time to resolve.
I hope everything works out for your brother, and that he has a smooth recovery both physically and legally. Best of luck!