As an attorney, you may often take on unique cases that require the use of innovative techniques to bring matters to a successful resolution. Your creativity in particular can come in handy when you have a client who tells you that his or her spouse has wrecked their company car.
Attorneys like those with the Miami, FL car accident attorneys are keenly aware that this kind of case must be approached with care and will take the necessary steps to identify the best route to bring it to an end. When a client asks you for counsel in a similar situation, you may consider several different aspects of the liabilities involved and advise your client accordingly
Identify the Responsible Party First
Before you advise your client, you must get all of the necessary details about the accident. Having this information available to you from the start can help you identify who caused the wreck and who ultimately should shoulder the financial responsibility. You can start to gather these facts by asking your client for a copy of the police report.
Having the report available to you, as well as any documents that may have been drawn up by the accident re-creation team, can help you figure out where and how the accident occurred and what factors may have caused it to take place.
Discover if the Spouse Can Be Sued
Because the car did not belong to the spouse who was driving the car, that individual could be at particular legal risk of being sued. If your client wants to protect his or her spouse from a lawsuit, as well as prevent a lawsuit from being filed against his or her company, it is important for you to discover if the victim has any legal foothold to file such an action with the court. If the wreck was caused by icy roads or bad weather, for example, the victim may not have much of a claim against the spouse.
The police may have just chalked up the accident to lousy weather and labeled the wreck an unfortunate occurrence that could not have been prevented. However, if the spouse was clearly at fault, under the influence or distracted, he or she may be subject to a lawsuit.
As your client’s attorney, you may advise attempting to settle this matter out of court if possible. Your communication with the victim’s lawyer could be imperative to keeping the matter out of a courtroom setting.
Identify Which Insurance Company Must Pay
Identifying the responsible insurance company can be tricky. If the spouse was insured under a different policy by a different insurer, his or her policy could be subject to a claim. You may advise your client that the company’s car insurance provider may not have a stake in this matter at all.
However, if the spouse was not insured or was not covered sufficiently to cover all of the victim’s expenses, the company’s insurer may then need to be brought into the legal mix.
Alternatively, if the spouse driving the car was the accident victim in the matter, the responsible party’s insurer must bear responsibility. It is important that you advise your client during the process so that the person responsible for the accident can have a claim made against his or her policy.
As a lawyer, you are responsible for figuring out complex accident cases. Your legal guidance is crucial to a person whose spouse has just wrecked that individual’s company car. Ironing out all the details and properly identifying responsible parties can be difficult, however relying on experience with checking all details and implementing the due diligence process will serve you and your client well in the end.
Freelance author J.L. Williams appreciates sharing information which can help make life less stressful for others. She routinely researches information from sites like that of experienced Miami, FL car accident attorneys for the purposes of providing valuable information to readers.
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