It sounds like you found an honest attorney!
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I had another thought, which may–or may not–apply in the OP’s state.
In my state, it is possible to plead guilty to Unsafe Operation of a Motor Vehicle if one is charged with another moving violation. This results in zero points on one’s license, and it is apparently not reported to the driver’s insurance company.
The only downside of that plea is that the fine is about twice as high as the penalties for other moving violations, but if money isn’t a major factor and one wants to avoid “points”, this is a good option… assuming that it is available in the OP’s state.
About 8 years ago, I was stopped for driving 42 mph in a 35 mph zone. On court day, I asked to speak with the Prosecutor (who had a line-up of several people) before court, and I offered to plead guilty to that no-points offense. Because it gives the municipality more revenue, he readily agreed.
Don’t mind me but you have filed a civil suit? On a car accident where no one was injured and what was the value of the car that was demolished?
From experience it is always the view of the recipient that the other guy was going too fast or driving carelessly. That is what I told the police when my VW was T-boned and totaled. But the police were correct, the guy probably wasn’t going more than 20 when he entered the intersection after a slight rise in the road.
Plus you can’t use past crimes committed. Maybe the guy is an alki, beats his dog, drives on the wrong side of the road, and so on, but that’s up to a judge and the police. I just can’t comprehend what you expect to gain from this whole thing.
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+1 on all points, but… I think we need the OP to clarify which party has initiated the civil suit.
My interpretation was that it was the other party, your interpretation was that it was the OP.
Which party has initiated a civil suit?
The other party is the one that has filed the lawsuit…not us.
I hate it when I’m right.
Seriously, good luck with the ensuing legal battle. I assume that your insurance company is going to coordinate the defense.
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Lawsuit? Really? Your insurance company should be stepping in to prevent any lawsuits from being filed. I don’t think we’re getting the whole story here.
No one can prevent a suit from being filed and the fact that all to those at the scene refused medical transport means nothing. It’s quite common for people to have injuries (real or imagined) surface later; and sometimes much later. Your insurance company should be the ones defending you in court (not on the ticket). And since a suit has been filed already it’s my opinion you really need to try and beat this ticket. That means a dismissal or a deferred ticket. The latter means it is voided after a year or whatever if no other citations are received.
In my much younger years I was involved in an accident as a passenger. It was 3 weeks later that I discovered that the meniscus in my right knee was badly torn. Right before being called up for the draft; go figure. Three medical officers got together at the end of my physical and said sorry; you are not going to make it in the U.S. Army. Boo hoo, I’m crushed…
And the other party’s prior record can make a difference in any civil suit. About a dozen years ago I went through something similar. My car, another person driving, and the person with me was ticketed although he did not deserve it. The security cams at a corner gas station were inoperative so there was no video backup to prove it.
The other party showed up as a witness to make the ticket stick. The judge (a clueless imbecile; seriously) finally ordered a deferred ticket which was voided after a year.
The other party was standing beside me and went ballistic when I produced a printout of of his many traffic transgressions which included 2 running a red light, 2 making a left turn on a red. 1 reckless driving, 2 speeding, and 4 lesser others. (The first is what he did)
“But your Honor, the Govenor has appointed me to the state board of blah, blah, blah…”. So what.
I was then accused of “violating his privacy” and “violating his constitutional rights” along with “He cannot do this me legally”.
I just replied; public record. The court network was free and the local PD report cost me 2 bucks right next door. Go complain to them. Any potential suit got shut down very quickly with this.
I certainly would not take a suit lightly but I suspect this is a matter of filing a suit while trying to coerce the insurance company out of the max coverage amount without going to court. That is the usual objective.
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So there I was on CA 1 I think, 2 lane highway along the coast, early dewey morning, following a car for miles, round a turn on a downslope and realize too late the car in front had come to a complete stop. Slammed on the brakes, not enough traction due to dew to stop the car in time, and small bang. I tried the unnecessary stopping, on the books at the time. Unlicensed kid of the car owner driving, panicked as he thought an oncoming car was coming too close to his lane. That was going good for a month until they sued for whiplash. Not sure how it ended up but I got dropped by allstate. No tickets issued.
Much depends on whether your State is a No-Fault or At-Fault and/or Mandatory Insurance State but assuming you’re covered, your insurance insurance will handle any liability claims unless you decide to get involved, handle it yourself and accept full liability. Never a good idea!
Further, I assume you’re carrying Collision insurance which doesn’t rely on Fault and will cover the damage to your niece’s car.
Which leaves Traffic Court where she can possibly “mitigate her sins” by going to Court, getting a PBJ and avoiding Points, which for a new driver could restrict or revoke her license.
And BTW, feel free to “Read her the Riot Act” but as others have commented, who among us hasn’t been Young and Stupid.
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No you don’t, but that’s all right. I never ever considered that possibility. Yeah your insurance company is the one that should defend you and provide free lawyers. But a civil suit? I dunno, but that’s why I have car, home, and an umbrella policy with the same guys so no matter what someone comes at me for (except gross negligence which would be impossible for me) they have to defend me.
Now just to change the subject, once a week or so someone asks the State Patrol to answer a legal question. Today the headline was: “Ask a Trooper: Trailer Breaks on Axel”. Ahhhh drives me nuts. I can understand a computer mixing up break and brake, but there is no such word as “axel” unless they are talking about the name of a South Dakota grade school. So a human had to write it.
After reading the last few comments, I’ll add what my insurance agent told me as a kid. He said “if you wake me up in the middle of the night for a fender bender, I’ll kill you. But if you don’t wake me up in the middle of the night if someone gets hurt I’ll kill you”. Stuck with me. So if you haven’t yet, pronto to your insurance agent. The clock is ticking.
My son was driving home from work in a snow storm, made a right turn and slid in the snow, striking both wheels on the opposite curb. That was enough to bend the axel and I can guarantee you he was going significantly slower than 35 MPH. That damage does not seem unreasonable.
Your insurance company is obligated to provide your defense in the civil suit.
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My insurance company has been great. Fortunately I am a financial advisor by trade. I made sure we had the insurance we needed and not just the state minimums. We also have our umbrella policy. They will handle the suit. I immediately took my nieces DL. She has limited times she can drive for now and is NOT allowed to drive my car that I had to replace.
hope this isn’t a long term scenario. I’m not one for telling people how to Uncle (or Aunt as the case may be,) but accidents happen. That’s why they are called ‘accidents’ and not ‘intentionals.’
My kid scraped the wall of my house with my pride and joy truck. He came in the house crying and super mad at himself. I took him out and looked at it, it was pretty bad, but I took that opportunity to teach him how to back in without hitting things- how to verify he is clear (that power mirrors can help if you are unsure,) and teach him that you don’t move unless you are sure you aren’t gonna hit anything. It was a teachable moment. and he’s driven my truck since. Vehicles are things, and as you have found out - are replaceable.
Self esteem, and trust in yourself is much harder to replace- especially 16-17 years old. Even moreso if your elders won’t have it for you.
my uninvited $.02.
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There is no way to know the speed based on the information given. If there were skid marks, you might be able to estimate it. The failure to yield is the most important fact here, otherwise you wouldn’t be asking this question to begin with.
Skid marks are almost a thing of the past now that ABS is common on vehicles.
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You don’t need skid marks, just access the black box for details.
Just my 2 cents, but if the niece is a pretty straight arrow girl, good student, well behaved, and so on you might consider cutting her a bit of slack. I’m sure everyone on this board along with myself has made multiple mistakes behind the wheel or handlebars as the case may be. I’m probably Offender No. 1.
Just be thankful she is alive, unharmed. and you did not have to pay respects at a funeral home.
About 20 years ago my son was in college and working a job. On the way home one night about 10 his car slid on ice (been raining, sleeting, and snowing for 2 days with about 6" of snow on the ground) and his car went backwards into a full creek. Temp was around 30 and water was up to the top of the dash.
Luckily he crawled out unscathed but that slide could every easily ended up as a fatality accident; especially if the car had rolled.
I was irritated at first but quickly thanked the heavens he was alive and uninjured.
And for what it’s worth I went out with the tow driver and volunteered to join the Polar Bear club by going into the creek to connect the tow chain. He had a new tow truck so I felt he should keep it clean.
No tow hooks on the car and I had to go underwater to find something to fasten to which was a subframe. Coldest I’ve ever been in my life and a couple of hours to thaw out later… 
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