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Brandon M.
Brandon M., Counselor at Law
Category: Legal
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Experience:  Attorney experienced in numerous areas of law.
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My daughter ran over her friend in her car. The friend was

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My daughter ran over her friend in her car. The friend was hospitalized with non life threatening or long term injuries. The accident has not been reported to anyone other than hospital staff. The friend accepts partial blame for the accident. What do we need to legally do if anything?
Hello there:

Thank you for entrusting me with your question. There are two components to this question: the legal component and the tactical component.

Legally, the answer is simple: (1) don't talk about the facts of the accident to anyone except legal counsel, and (2) memorialize to the extent possible the friend's partial acceptance of blame. In writing or electronically is the ideal way to memorialize her acceptance of partial blame, but a couple of neutral third-party witnesses would usually suffice instead. To be clear, if you are contacted by your own insurance company regarding the accident, you will need to cooperate with them, but I strongly recommend that you do so through your own attorney.

Tactically, you just need to take whatever steps you think will discourage her from filing a lawsuit, and that varies from situation to situation. It is ok to let her know that you are sorry s/he was hurt, that you hope s/he feels better, that you hope that s/he is not upset with you, etc. etc. etc. Just don't talk about the facts of the accident, including what caused it and how your daughter contributed.

I understand that you may have follow-up questions. Let me know if further clarification is needed. Thank you.
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