Ok, so this guy wants to "fight" my claim that my girlfriend and I were injured in the accident.?

Question

long story short: His daughter rear-ended us, we didnt feel pain at the time, so we said we were ok, later on we both start to feel pain(me more than her) and I want to get checked out, her dad calls me all nicely and offers to pay for the damage if I dont file a claim, I tell him I already filed a claim. He still offers to pay for the damage if it isnt toomuch. I tell him I wouldtake his payment if it was cheap, but that my girlfriend and I have gotten this pain from whiplash or something, and he gets pissed off and starts saying that they are going to fight this, and making it seem as if I was lying. What now? Was he implyiong that he wants to go to court or what? I just want to freaking feel the way I was before that incident!!!

Answer 1

Calm down. The other party has no dog in this 'fight'. The insurance company will sort all this out. You do not need a damn lawyer yet. Do NOT speak with the other people involved in this loss. Save your talking for the insurance company adjusters. Of course you are sore, you've been in a car accident. This does not mean you are injured. Let a REAL doctor check you out and the other company should have no problem paying med bills within reason. They DO have every right to monitor treatment and review medical records. They are paying the bill after all and you would do the same. You need to know that the dope that said that 100% of all rear end collisions are vehicle #2 fault is an idiot. There are variables that have to be investigated on each and every claim. Let the company adjusters do their job before you go postal. There will be plenty of time to go nuts if they screw up your settlement. Soft tissue injury is common in a rear ender but you most likely will NOT be in a neck brace and theraphy for the next 10 years. You both will be dancing at the ballet in no time. Try to keep in mind that even though her dad seems to be a real @ss, I'm SURE she didn't crash her car into you on purpose. You need everything that's coming to you, dude, but take it from me, keep the conversations with the adjuster(s) very professional and civil, (but be firm on any point you feel strongly about), and you will fair far better than hinting about lawsuits. The big companies have armies of lawyers on staff and lawsuits DO NOT SCARE THEM one wit. Keep cool, get treated if you are hurt, and get well.

Answer 2

You go through his insurance company. Make sure that the company knows that he's threatening you. This is what the insurance company is for. Only a doctor can determine an injury. Often when your involved in an accident your Adrenalin gets going and you don't realize you even have injuries. I was in an accident once where this happened and the insurance agent told me that they're more suspicious if you scream whiplash immediately. It's not in her father's hands anymore.
I can't tell people enough 9 out of 10 times that someone says, don't make a claim I'll pay for it, either their going to attempt to screw you or you will get screwed. Working at Ca DMV I saw this way to often. Good luck and I hope you both feel better soon.

Answer 3

There is not much he can do to fight it. He needs to report it to his insurance company and they may question how long it took for you to feel pain, but if you have had medical treatment they will have to consider it. A lot of people get upset when this happens. Usually the first thing they say to the insurance company is that you were fine at the scene, or refused care when the ambulance came. However, it is not uncommon for the onset of symptoms of a soft tissue injury to happen a day or so later.

So basically he needs to let his company know about the accident and they will go from there. They probably won't fight it. I don't know what state you're in or what company you're dealing with, so that basic statement is all I can offer you.

Answer 4

You aren't having difficulty with his insurance company--you are having difficulty with HIM...although you may want to hire an attorney, having done so in the past I can't say that it is always the best answer. He is just trying to intimidate you because he already has a young driver on his insurance policy and doesn't want to have to pay even higher rates because she has been at fault in an accident.
If all else fails and his insurance company balks, talk to your own, they may pay for your injuries, etc and then subrogate to his insurance company, which means they go after them for reimbursement. This can be the best hassle-free solution sometimes rather than an attorney who is going to take from you a percentage of any settlement.
DON'T SIGN ANYTHING--or be very careful about what you are signing if you do because sometimes a company will try to get you to sign off on filing further damage claims and then you really would have a legal battle on your hands!
Lastly, document every single conversation you have with this man. Sometimes the resolution of an accident can take awhile. If, for some reason, you DO end up in court over this, you will want that documentation with you. Believe me, his claims that you aren't really hurt would not stand up against him trying to intimidate you and/or buy your silence.

Answer 5

You don't need an attorney. You need to file this thru his insurance company. It is not his right to quantify your medical claim. If you don't have his insurance info, and you have a plate or any contact info for him, call the police dept and file a felony hit and run charge. Call your insurance, if you have full coverage including collision and medpay you may want to have your insurance duke it out with his. Even minor impacts often result in some soreness (they call these soft-tissue injuries), it's very common. DO NOT TAKE ANY MONEY from this guy as it could be perceived as a settlement. An attorney would likely not take your case anyway since they usually get a portion of the damages and this wouldn't be worth it to them. Pain is a big deal, not something to be taken lightly, and you are entitled to fair compensation for your damages, which include medical bills. Out of pocket is a very bad option in this scenario.

Answer 6

As long as she has filed her case before the statute of limitations has expired then she can do this. If you had insurance then you should have notified your agent, filed and accident report, and let the insurance company take care of this. At a minimum the insurance company would have obtained a release from her. Then she can't sue you. I am fearful your insurance company won't be able to help you but give your agent a call and see what can be done. If not, hire an attorney. You need one.

Answer 7

Hire an attorney that will take this on a contingency and take pictures of both cars and go to the doctor specialist the attorney wants to use in the case against the Daughter Crasher

Answer 8

Not to worry: If you were rear ended, there is no contest. The other driver is at fault, but as far as injuries are concerned, You will have to obtain some medical records to prove the extent of your injuries. You should consult one of these Lawyers who solicit injury cases.
they may charge you 40 percent of what you receive, but it will be worth it to you. A good Chiropractor is what you should have examine you. Most of them are dedicated.

Answer 9

good luck on feeling better, i got whiplash from a rear end accident 16 years ago, my neck has never been the same. let your insurance co. deal with it. you should win so long as you went to a doctor/hospital and have medical verification to your neck injuries.

Answer 10

take it to court-you will win-rear endingis 100% the rear enders fault. whiplash can take days to manifest and he is liable for all the damages incurred as a result of the accident.