Does it make a difference if I use the same Personal Injury Lawyer if I’m the passenger in a car accident?

Attorney Ben Schwartz answers a viewer’s question: “Does it make a difference if I use the same Personal Injury Lawyer if I’m the passenger in a car accident?”

Does it make a difference if I use the same Personal Injury Lawyer if I’m the passenger in a car accident?

Hi, I’m Attorney Ben Schwartz,

Today we are going to answer a question from Earl in Salisbury, Maryland. Earl wrote in and he said, “My cousin was driving, I was riding shotgun, we were rear-ended by another driver and both of us are injured. I want to get my own lawyer, but my cousin wants me to go to his lawyer. Does it make a difference if I have my own lawyer or if we both use the same attorney?

The question is a very good question. In a case where you are both in the same vehicle and you are rear-ended by someone, where your cousin is not in any way, shape, or form, at-fault, then I would say it is probably fine for you both to go to the same lawyer.

The problem arises if you think that your cousin did something wrong to cause or contribute to this accident. Let’s say your cousin was slowing down suddenly on the roadway and maybe he was partially at-fault for the accident and you got rear-ended. Then you would have your cousin who was driving and the person that rear-ended you liable for your injuries.

If you went to your cousin’s lawyer, your cousin’s lawyer would not be able to pursue a claim against your cousin, or your cousin’s insurance company, for your pain and suffering, or your permanent injury and your admissible wage loss and admissible medical bills. It would create a conflict of interest if you thought your cousin was at-fault.

If you have an auto accident case and you are driving or you are riding as a passenger and the driver of your car is a friend or family member, generally speaking I think it is fine to go to that family members attorney so that you can consolidate the claims with one lawyer or one Law Firm. The exception is where your friend or family member who is driving might have some liability, then you should go get your own personal injury lawyer in order to pursue all available remedies and all available insurance claims for your personal injury case.

I’m Attorney Ben Schwartz and Earl that was a very insightful question. If you have a question for me send me an email below, thanks for watching.

Does it make a difference if I use the same Personal Injury Lawyer if I’m the passenger in a car accident?

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