You then choose who to hire. It's a free service.My sister was in a car accident and I need some advice.?
Without a doubt get a lawyer. His insurance company will try to tell her whatever they think she will believe to try not to have to pay her.
The fact of the matter is that weather or not the other person had a heart attack, an epileptic attack, seizure, his head exploded, or his hands suddenly dropped off his body, he hit your sister, and his insurance should be held liable.My sister was in a car accident and I need some advice.?
OK, time for a little education from somebody who has handled claims like this. I've been on both sides of this issue. I have used this defense and fought against it too. However, it should be noted that I do not handle claims in California.
The only way an automobile insurance policy pays out is if the policyholder is negligent. That's how my policy works, so does yours and your sisters. The fact that he hit your sister does not automatically mean he was negligent.
If the guy is driving down the road and has an unforeseen heart attack, dies and crosses the centerline and hit your sister he won't be found negligent. The key thing is the unforeseen.
The only real chance your sister has is to try to prove that the knew he would be a danger on the road. There are two circumstances I have seen a few times over the years. 1) Let's say the guy starts having major chest pains while he is driving and decides he is going drive himself to the hospital, but has a full on heart attack and blacks out or dies then that is negligence because his stupid a$$ should have stopped and gotten help. 2) If a person has a history of heart attacks, diabetes or other health conditions that make it dangerous for them to drive then that can be negligence.
If not already done your sis needs to get her company involved. If she wast hurt she needs to see if she has uninsured motorist bodily injury (UMBI) that might apply. She needs to also see if she PIP or Med Pay coverage if she was hurt.
If only her car is damaged then if she has collision coverage she can get paid by her own company and they will try to collect from the other guys insurance. This is the easiest route. She has to pay a deductible but her company will try to get back for her.
If she has no collision coverage then the only way to get the $ to fix the car is to sue the other guy and for your sister to take her chances there. I've seen court cases on this issue go both ways. I have won and lost these cases representing the heart attack and the same for when I represent the person who got it.
A lawyer might be hesitant to take this case because they will have to do a lot work with a low chance of collecting.
Good Luck
Your sister should contact her insurer and file a report, then let them work on it. The company has experience and resources that she doesn't, and that's what she's paying for.
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