Car Accident Question

My sepson had a car wreck Monday. A pick-up pulled in front of him, his 2 brothers, and 2 female passengers and he T-Bone them. The police talked to us (he's 17) and said it was the other guys fault. The initial report say my stepsons " actions did not contribute to the accident" and that the other "driver's action did contribute to the accident". Well, yesterday the other guy's insurance (Progressive) sent someone to get a written statement from the boys. Last night she called back and said she wanted to take a recorded statement from them without us being present. My wife said Oh no! These kids are minors! The insurance rep did say that the other driver is adament he's not at fault but she said it's pretty obvious he is because he pulled right out if front of them out of a strip mall into a 4 lane road. My questions is, if the other driver is found to have contributed to the accident, why is their insurance talking so much to us? Is this normal precedure? We're not trying to hose anyone here, but one of my sons passengers broke her collarbone and all were transported to the hospital with cuts and bruises. His jeeps already been totalled. My wife's had to miss 2 days work my sons 2 days school and she's pretty stressed about this whole thing.

My advise: talk to a lawyer. I would also say NO to requests for recorded statements by the other guy's insurance carrier. Stefan

+1 tell them to talk to your lawyer if they want a statement.

Call your insurance company, if they don't help then get a lawyer.

I really am trying to aviod a lawyer. I mean, this guy pulled right out in front of them, the police report faults him. I can't see where he's got a leg to stand on. I guess it's like prisons...full of innocent people! We just want a fair settlement and his jeep replaced. I'm afraid if I get a lawyer involved, he'll be without a vehicle for months. I'd just feel better if I knew if this was normal procedure in an accident case or not. If it's not, then I'll definetely get a lawyer.

Just my $0.02: there are heavily damaged vehicles and injured people. Even if people say they feel fine and promise they are not interested in suing, things can change with time. I would suggest not discussing anything about the specific facts of the accident to anybody, recorded or not. Going to see an attorney immediately to get some advice would be an ounce of prevention. Alert your own insurance carrier about the accident and ask if they will provide counsel at this early stage. The recorded statement is probably the adjuster trying to get some facts to figure out what happened and who to pay claims to, which is pretty normal when a claim is filed. Why do they need a statement, when there's already a police report? Make no mistake, it's a recorded statement which may come back to haunt you in a trial. Would you let your stepson go to a deposition alone? It might end up being nothing, but what if your stepson inadvertently says something which makes him partially negligent? It's not just getting the car fixed, every other person involved in the accident is a potential plaintiff in a personal injury lawsuit.

I took the advice and contacted my insurance carrier. They say a recorded statement is normal procedure. I may ask that it take place at my insurance office. BTW, they did tell me that if the other party got a ticket, that puts the nail in the case that it's their fault. I'm trying to find that out now.

If the other driver got a ticket for running a light or careless or most likely reckless driving it will be a said and done case. The Insurance company (Progressive) can challenge the facts in a court of law or through mediation but will be going against what the initial reports and the traffic officer wrote. Comes down to Progressive trying to control costs (standard procedure - yes) since injuries were incurred. Wouldn't worry much. Love the toys in your garage Pat!

I recommend that you treat the statement with caution as insurance companies can still search for proportion of blame rather than simple blame or no blame. If the other person was ticketed, it supports your side. But that does not prevent civil action that is separate and independent from criminal or official infractions. (For example, were I to pull out into the street and my car is T-boned, I might be formally at fault. Yet, if I can demonstrate that the other car was driving well above speed limits or in ways that prevented me from avoiding the accident, I can argue that I should only be responsible for a portion of the damages.) Thus, I agree with you that it would be prudent to have one or more adults present. Honesty wins -- but be cautious about volunteering or chatting about information that was not specifically requested.

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I agree with this. I would NOT sign anything the other insurance company tells me to sign. You can let YOUR insurance company handle it in lieu of the other insurance company without it affecting your premiums. It's called "subrogation" http://en.wikipedia.org/wiki/Subrogation Again, I would NOT sign anything the other insurance co tells me to sign.

let u ins. comp. handle it. i don't think u son is obligated to provide a statement, they have police report already. why give them more? never talk to any one regarding this case.

Your insurance company is your paid legal counsel. Discuss this with your carrier only. Do not talk what so ever to the other sides insurance company and tell them that you have been advised to only communicate with your insurance carrier. If the opposing side has any questions, let them politely know that they are to contact your carrier. Do tell your carrier that you are in no way willing to split the settlements. Some times carriers make mutual cost concessions between each other on claims and it can end up as a questionable mark against you down the road. Your policy provides you the privileged of not having to communicate with the other side as well as not having to wonder what your rights are. Good luck, insurance companies suck either way, when is the last time you read about one going out of business?

I would personally get a lawyer, dont get screwed!

Yep, GET AN ATTORNEY... You will definitely be better off, sounds like they know its a young kid and will try to get him to incriminate himself. Remember this is what they do for a living, try NOT to pay claims. With an attorney, you will probably not be required to give a formal statement, in fact you may not be obligated now.

You're under no legal obligation to make any statements to their insurance investigator. He/she wants to record the statement in order to try to fina ANY statement that will help them mitigate some of their responsibility and financial obligation. I wouldn't give them access to my kids. If your carrier says it's OK to give them a statement, then tell them you want someone from their office present when the other company's rep takes the statement. You pay premiums for years and years and never get anything back from that except coverage for liability. Make your insurance company earn all that money you've been paying them. There's only one reason for a statement....try to minimize their exposure at your expense. They have the police report that includes statements from your son and any witnesses...so what's the need for another statement?