Legal Question in Personal Injury in Georgia
Good afternoon,
I had a car accident last year(I live in GA), and got a ticket. However, I had the right of way, and I believe the other driver was at fault.
I have asked for a jury trial, and I am waiting for notification of the trial to begin. Recently, I have received a request to grant an "Irrevocable Power of Attorney" from a lawyer (from a collection agency) who represents my auto insurance company (state farm) who is trying to collect their loss from the driver. They are requesting that I sign and notarize the "Irrevocable Power of Attorney" form.
According to their "Irrevocable Power of Attorney" (in part):
one, any such legal proceedings, suite, settlements and compromises shall be under the exclusive direction and control of agreement; and each Insured hereby gives and grants unto the Company full, whole and irrevocable power and authority in and about the premises; and generally to do and to perform all and every act and acts, thing and things, device and devices in the law whatsoever needful and necessary to be done in and about the premises; in said Insured's name and to do, execute and perform as largely and amply, to all intents and purposes, as said Insured might or could do if said Insured were personally present; and said Insured hereby ratifies and confirms all that the Company shall lawfully do by virtue hereof.
two, the Company is authorized as each Insured's irrevocable attorney-in-fact fir said Insured to retain and employ the lawyer to processed with litigation in said Insured's name; and said Insured specifically waives any right to control the litigation or settlement thereof by giving any instruction to or making any demands upon the lawyer; because he represents the Company; reports to the Company; and receives instruction from the Company; and does not represent said Insured.
What are the ramifications of signing this "irrevocable power of attorney" form? What is the extent of the rights it grants them to make decisions on my behalf?
Without full understanding of the legal ramifications of what they're asking, I would think there's an option where I could grant them (appropriately) limited power to make decisions specific to this case, rather than grant an "Irrevocable Power of Attorney", which seems quite broad in what it allows them to do.
Do I have other options? What would your recommendation be?
Thank you for your assistance.
2 Answers from Attorneys
My recommendation would be to hire a lawyer to look over your documents. No one here can fully answer you without seeing the pleadings and other files.
You made the foolish mistake to "ask for a jury trial" without a lawyer. Now you must deal with the ramifications of deciding to file a lawsuit without legal counsel.
You've made a series of foolish mistakes already.
Obviously, you don't ask for a jury trial without a lawyer. And given that a jury trial will involve thousands of dollars in legal fees, and that a good lawyer likely could have negotiated a disposition that would not have shown any conviction (for most tickets), and given the risk that you might get prosecuted for perjury if you lose the case (that came up in a recent appellate case), you are in WAY over your head. (Asking for a jury trial also presents a problem with a civil suit, as if you lose, you probably lose the civil suit, and if you win, the victory could be too late to help).
The fact that you also don't understand your car insurance policy also tells us how many mistakes you have made. It appears you made a claim on your own policy. Your policy requires you to cooperate with the insurer and to assist them in collecting their money back. Your failure to sign their POA could mean serious negative ramifications for you.
You didn't say if you were injured which would pose another reason to have needed counsel.
So see a lawyer now, reassess your strategy and review the POA.