It's been over three years since I was involved in a car accident where i accidentally rear ended a car that was in front of me after leaving a stop light.
At the time of the accident an ambulance was called but no one felt the need to get in it to be transported to the hospital. It was my intent to go over and see if the other passergers were ok or if they needed help but after they got out of the car they were cursing and calling me names. One guy from one of the businesses asked if I wanted to step inside of his store for my safety. So, I did not approach them as I had my children with me and did not want any more problems. There were about what I believe to be five or six passagers in the car other car. The passageners in my car were me and my two boys who were about 1 and 3 years old at the time.
I believe that it was last year when my insurance company paid out a settlement to the first person in the car who got an attorney to sue them. After she got her money I was informed that another individual was coming forward to sue the insurance company to get a settlement also. This has been going on over a year. When I spoke with the attorney of the insurance company many months ago I was told that they were still waiting for the plaintiff to submitt her medical records as they were claiming injuries that could not be proven (sore neck, hurt back, loss of bodily functions were among the things listed) Now, I'm being asked to come to a deposition to testify. Unlike before when I did not have no involvement in the court process. Has anyone gone through this before? I know there is a lawyer which is representing the insurance company. However, they are just trying to ensure that the insurance company does not have to pay out even though I had full coverage insurance at the time of the accident. Do, I need an attorney to look after my interests?
yes! -- I am a lawyer, and yes, you should ALWAYS get a lawyer in such situations; it is always worth it
You have received some great info so far, I just wanted to add that I don't think you should hire an attorney for this type of deposition. I had a deposition about three months ago, also from a car accident but I was the one hit. The insurance company was questioning my injuries (I had my spine fused). Just get briefed beforehand and remember to stay calm (it's difficult with an attorney and the court reporter!). Only answer the questions asked (I find it difficult not to talk too much). If some questions do not pertain to you....tell them that. If a question should be answed by the police, a health care professional or someone esle...tell them that. You will receive a copy of it a couple of weeks later to approve or modify. Best of luck!
the other people would be unable to go after your personal assets unless and until your insurance coverage was exhausted. since there were clearly no serious injures and you had full coverage, i see absolutely no reason for you to retain your own attorney in addition to the one that is representing your insurance company(and therefore you). your insurance company can't "throw you under the bus" and make you pay instead of them, that's not how it works. they are looking out for their own interests, yes, but that is also your interests.
I've been thru this 2-3 times. Your insurance company lawyer represents both the company and you. That attorney will tell you if he thinks you also need another attorney. It would be rare for you to need another one. In fact I can't think of a reason for you needing a second attorney when you have full coverage and this is a deposition.
Talk with your agent who can answer your questions. It's understandable to be anxious over giving a deposition. Go over what happened before the appointment and focus on answering the questions truthfully in a basic way. Don't volunteer too much information. Allow your attorney to ask for more information if it's needed.
I've always been briefed by the insurance company ahead of time and had no difficulties giving the deposition or with what happened afterwards.. Only one time did the case go to court but it was then settled after the first day. Often the deposition phase shows the attorney for the person doing the suing that they don't have a good enough case for court.
If the suit is asking for more money than what is covered by insurance then you may want to get an attorney. Talk with the insurance attorney first.
It couldn't hurt.
If you don't have your own attorney, think about family members
or good friends you trust who are SHARP!, intelligent, cautious.
Just to help keep you focused, not rattled.
Have just one person, someone who understands what the situation is,
come with you and (in effect) hold your hand.
What you particularly need to focus on is what happened TO YOU,
not what happened to them.
You probably don't face any financial liability.
However your premiums for your future auto insurance
could get much higher.
Good luck.
I think you may have answered your own question here. You said the attorney will be there representing your insurance company so who will be representing you and your interests. Unfortunately when you get into an accident your insurance company only protects you up to a certain point. Beyond that point you will need to cover your own assets. I say get an attorney to be certain your best interests are covered. It is what I would do if I were you.
Yes, you should definitely have an attorney. While Michigan is a no fault state, the Michigan no fault law still provides that there may be tort liability (personal liability for wrong doing beyond the coverage of no fault's PIP). In other words, under certain limited circumstances they could sue you, rather than the insurance company. Depositions are difficult, too, so even if you personally have not yet been named in the suit, it would be good to have an attorney prep you for what to expect.
The reason you have insurance to is protect you from things like this. Full coverage is just that...protecting your liabilitiy in an accident. If you feel the lawyer for your insurance company is not working in your best interest, a 2nd opinion wouldn't be a bad idea.
It seems like you're just a witness, so no. This is between them and your insurance company. If they decide to sue you personally, then I'd seek a lawyer's help.
It seems silly, but for your protection, you probably should get one. I'm a nurse and have given a deposition before. It's amazing how an attorney will take something you say and twist it around and you don't even realize it.
good luck!
D.
