|
Post by Holy Schist on Jul 31, 2012 12:48:30 GMT -5
Let's say you're 80 years old. It's 3 days from first anniversary when two drivers failing to yield sent your husband into other lane of freeway killing him. Now police, social security admin and insurance companies say they finally found one of those responsible and want your involvement to take action.
What would you do?
We understand why the insurance company needs the survivor's involvement for civil action. We're surprised social security admin is involved, are thinking the law enforcement agency should not need the widow involved because she was not present.
The chain of events started with the person who did not yield on the on ramp. That person has not been found. My guess is the person who has been found feels bad about it all. That person was avoiding the first but witnesses said she could have put on the brakes instead of send my father in law off the road.
Initial reactions here are we as a family and my mother in law need no more grief, that it's certainly many others who need to know the law and drive well. We know nothing about this woman who was found and if this legal action is the right way to deal with it.
I'm sure this will be a to be continued whether or not we want it that way.
|
|
|
Post by sordello on Jul 31, 2012 18:14:39 GMT -5
Though the details are a bit spotty from this distance, I suppose my first thoughts would be to examine the motives of those who want 'legal action' taken. Are charges going to be laid? Against whom? A person not directly involved but related to the events? Are the charges going to be incredibly difficult to substantiate in a court? ...So will it therefore be a long and arduous process for an 80 year old person? What results could be expected from the case? Financial compensation or only some fine or suspended prison term for the person, and is that worth it to your family for all the legal hassles? If your family would appreciate some form of accountability/apology of sorts. then maybe that could be negotiated by a mediator outside the court system?
|
|
|
Post by Holy Schist on Jul 31, 2012 22:04:24 GMT -5
Though the details are a bit spotty from this distance, I suppose my first thoughts would be to examine the motives of those who want 'legal action' taken. Are charges going to be laid? Against whom? A person not directly involved but related to the events? Are the charges going to be incredibly difficult to substantiate in a court? ...So will it therefore be a long and arduous process for an 80 year old person? What results could be expected from the case? Financial compensation or only some fine or suspended prison term for the person, and is that worth it to your family for all the legal hassles? If your family would appreciate some form of accountability/apology of sorts. then maybe that could be negotiated by a mediator outside the court system? Hi, We want no more than expenses paid which the insurance companies have done. Some seem to think we should be vengeful but we're not. Interesting that it's been about a year for that much response from insurance company. Thank you.
|
|
|
Post by thedude on Aug 2, 2012 15:06:03 GMT -5
I would tell the insurance company (someone that's not an idiot) that you are willing to cooperate, but your cooperation will be limited to some initial investigation and that further followup may not be allowed. The idea would be for force them to meet with you for everything they can anticipate needing instead of just letting everyone in their organization get around to calling you (or your family) whenever they feel like it. If they can't do that, that's their problem and not yours.
|
|