Do I need to hire attorney? What next steps for me on this case? My daughter was sued for an accident that happened 2 years ago. Police responding to the accident determined she was at fault. For sake of argument, let's say my daughter's name is Jane Doe, and she is an employee of XYZ LLC. Other party to the accident is suing "Jane Doe &amp; XYZ LLC". Well, "XYZ LLC" is just an advertisement that Jane put on her car for her employer. It was a personal car, and was not being used for company business. Insurance company did not pay a dime of her suffering and medical bills. They paid for her car. They are still fighting her. Doesn't the plaintiff work with the insurance company? Is Jane supposed to fight this with her? Jane was 17 at the time, but was covered under her Dad's policy. Could the plaintiff go after the dad's money?
Your personal liability depends on your state law regarding the family car doctrine, so the answer there is "maybe" (Texas is not a state with that doctrine, so simple ownership of the car does not confer liability). You would be liable if your supervision of the child was negligent, which means approximately that you knew or should have known that she was a bad driver and would cause damage. Still, the insurance company is suppose to indemnify you (plural) against such loses, as long as they are legally required to do so. That would include many considerations, such as whether the driver was covered under the policy, whether the car was being used contrary to the terms of the policy (being used commercially), and so on. The insurance company is entitled to make a reasonable determination of whether they are responsible for the loss (and if so, to what extent). If they actually decline to cover the loss, you would need to sue them to make them comply with the terms of the policy (and your lawyer would give you a detailed explanation of why they are not liable, in case they aren't). The plaintiff works with his insurance company to recover his insured losses, and with his lawyer to recover any uninsured losses. His insurance company works with your insurance company, up to a point, and then the lawyers get involved. Your daughter does not work with his insurance company, and your insurance company probably has said something along the line "only talk to us". The insurance that a driver typically has may cover some of their own medical costs, but does not provide a payment for "pain and suffering": that is an uninsured loss. It is not generally required that drivers carry insurance to cover their own medical expenses – it is required that they insure against damages, in general, suffered by other parties (if the defendant is at fault). So there is probably nothing for the plaintiff to work out with his insurance company. In Texas, if the defendant is entirely at fault, defendant will be liable for 100% of plaintiff's damages. If defendant is 90% at fault, defendant will be liable for 90% of plaintiff's damages. If defendant is 49% at fault, defendant is not liable. Defendant can, in any event, also sue for damages, so if defendant is 49% at fault, defendant can recover 49% of her damages. The insurance companies might be able to talk it out and reach a clear resolution of the matter, but it could be more in their interest to throw the dice and work it out in court. One can always sue at the very start, and drop the suit if it becomes advantageous.
To my knowledge there is no actual law requiring a provider to file anything on your behalf. Most do it as a courtesy but if you read the terms of service that you almost certainly agreed to, it will say that YOU are the responsible party. If the insurance company doesn't pay, even if the provider doesn't submit a claim, the responsibility is still yours. There is nothing stopping you from filing your own claim using whatever forms or procedures that they have established. I'll also note that many provider networks have rules that providers must adhere to in order to remain in that network. Some may include language about timely filing of claims but that is in no way universal. These days many providers have taken to billing the patient the full amount immediately and then will issue a refund to you if/when the insurance pays.
She would want a litigation attorney that specializes in this kind of case. For instance if the underlying issue is an OSHA violation, there may be questions that imply a degree of culpability by the witness, and an attorney who knows that area of law (as opposed to copyright or drug-trafficking) would be in the best position to protect the interests of the witness.
Legal Services Society is a non-profit organization created by the BC Legislative Assembly through this act, created in order to serve the legal needs of certain classes of society, defined vaguely with reference to "a reasonable person of modest means". Accordingly, they have rules regarding who they can and cannot serve. and they are constrained financially. With vast demands on their resources and little by way of resources, prudent triage is called for. That is, when you show up, you shouldn't expect to talk to a senior attorney (or an attorney). From what I can determine, you cannot expect to get your problem solved right away. It is also not clear that your problem is within the scope of what they do (criminal, incarceration, serious family matters, immigration). "Giving legal advice" is something that only a few people are legally allowed to do – lawyers, who have you as their client. If the person were an attorney, they still couldn't give you legal advice until the appropriate relationship is created (and they have the relevant facts). The person you met with may be a paralegal or a law student. Under the law (sect. 8 of the act), you cannot sue them for damages because of their actions, except if carried out in bad faith. The waiver might be a bit redundant, but it is a wise idea to tell people that you can't sue them. If you want to know what you can expect from the lawyer, this publication will be helpful, though it is generic and not specific as to your particular issue.
The damages should be granted. The “dirty hands” doctrine is only applicable when seeking equitable relief - motor vehicle damages fall under the tort of negligence.
That is, if my mom is sued by somebody for some reason, does that mean I am being sued, and my personal assets are at risk, rather than just hers'? Having power of attorney doesn't mean that you become "one and the same" person, it just means that you can stand in their place legally. If somebody sues your mother, you are authorized to act on your mother's behalf, but that doesn't mean that you are liable for any judgement. Of course there is a fiduciary responsibility to act in your mothers best interest, and violating that can open you up to suits that you are responsible for (because the suit would be against you, not your mother). And, what if she runs out of money, would I be personally financially liable for covering her expenses? No, you wouldn't be. Debts would be settled the same way as if she didn't have anybody acting as PoA. She (you) could declare bankruptcy on her behalf and have the debts discharged. This doesn't obligate you to pay them. And then, what if I simply don't have time to deal with her affairs, that is where I am being put in a position where I have to choose between keeping my job and my personal relationships at home versus going to deal with things over there, would having POA force me to do the latter? This is a personal decision for you. You could alternatively pursue having her declared as an "adult ward of the State". You need to consult a lawyer if you take on full power of attorney, to both protect you, your assets, and your responsibilities. This is something that you really need a lawyer to draft so that the lines are clear, and the expectations are as well. You may need to get a court involved if she is not of clear mind to sign these papers.
No An LLC that didn’t exist at the time of the act or omission that caused the loss being sued over is not a valid defendant. They would sue you personally and all of your assets, including the LLC, would be available to the creditor.
You certainly can't legally steal anything, ever. If it is legal, it is not stealing. In particular, if it is your property, it isn't stealing. The question is really, "is it your property"? This will be jurisdiction dependant. I am familiar with England and Wales, and other common law jurisdictions may be similar. The fact you co-signed for the car definitely does not make it your property. It just means that out of the goodness of your heart, you agreed to reduce the finance company's risk by promising to pay if your ex-friend didn't. In E&amp;W, I don't think it is possible to register a car jointly, but there is a long page explaining that the registered keeper is not necessarily the owner of the car. My guess is that the car probably does not belong to you, so if you take it you will probably end up with a conviction for theft.