Can a person with power of attorney for another, file a claim pro-se on their behalf regarding personal injury from an auto accident and property damage?

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Can a person with power of attorney for another, file a claim pro-se on their behalf regarding personal injury from an auto accident and property damage?

And can 2 seperate claims be filed or must they be filed together as one cause of action? The at fault insurance company has made a low ball offer with regard to the vehicles value when research puts the vehicle at nearly double their offer and they went so far as to threaten to drop off the wrecked vehicle on our lawn in an effort to get us to accept and regarding the personal injury they didn’t even offer enough to pay the medicals and nothing for pain and suffering. The insurance company is jerking us around and have failed to be reasonable or compromise when they are at fault.

Asked on December 31, 2012 under Personal Injury, New Hampshire

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

By executing a General Durable Power of Attorney, the "principal" - the person for whom it is enacted - appoints you as the attorney in fact for any action that may be required to undertake on your behalf, with certain exceptions (like executing a Will).  Bringing a lawsuit on your behalf could indeed be considered to be one of the instances considered in its execution.  More information, though, would be needed.  You could bring both a PI and PD claim in the same lawsuit.  Consult an attorney.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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