I was involved in a fender bender a few months ago in Virginia (though I am licensed in Massachusetts). It was stop-and-go traffic, and I was following too closely (since for one reason or another, I didn't stop in time). I must have been going 5-7 mile/hour at impact and the damage to both cars was very minimal (the assessing policeman marked it down as non-reportable--below $1000 dollars). It was completely my fault, and I was the first to admit that, though very recently the family made a claim for personal injury (about a month after the fact). A month after the claim, they came up with a number: $75,000 ($35,000 more than my limits). I am a college student with no exhaustible income, and though I don't want to instantly point to them as liars, I think it is ridiculous that they were hurt as much as they claim. A second thing to note is after the accident, I asked them how they were and, suspiciously, they remarked, "We're fine, though I can tell we will feel it in the morning.
2006-10-23 06:24:06 · 10 answers · asked by Robert T 1 in Cars & Transportation ➔ Insurance & Registration
Contact your insurance company today, it you have not already done so. They are your first line of defense. The original amount of a claim is usually a lot higher than what a court will award, but people know that the claim amount will be reduced and try for a high starting point.
Most likely your insurance company will settle the claim, well below your policy limits! If it does end up with a case where you are going to be liable for $30,000+ you can easily file bankruptcy and have that included!
Don't worry, let you insurance handle it!
You may want to consider increasing you policy limits. $40,000 is not much in these times!
2006-10-23 06:32:44 · answer #1 · answered by fire4511 7 · 1⤊ 1⤋
You should try ,if you live in Michigan , it will be hard they like to claim everyone that gets in a bad accident is "faking". I was a passenger an our car was t-boned and went airborne rolled 3 x,the car was smashed half way in and landed upside down, had numerous injuries, that I m still being treated for and still need surgery I 've had surgies,lost my job, etc, live in daily pain,and go into debt paying for insurance to keep up my medical treatment so the auto insurance only pays co-pays and gives me a hard time about it, and the legal thives say,I was not hurt bad enough aafter an 8 day trial I was awarded nothing and had to pay 15,000,dollars becuz , our legal systm is for the insurance industry, (in fact they are the law) people do not know this because of insurance company propaganda about frivolous fraud lawsuits. My financial future is lost because I can't work and my husband will loose his job and we will loose our house when he finally gets surgery because they said he was faking, but mri shows he has 6 herniated disks. The insurance paid some hot -shot scum high credential doctor to lie. That doc makes 1million a yr "examing"fakes. You get an attorney, and please know what I m telling you is true. It has been over 7yrs and my life aas I knew it has been stolen from me. I had a good future ahead and I m not a whiner or lazy, or a liar or a cheat I have high integrity. You are forced by law to pay insurance if something happens. It has. You do your part and they should do theirs. You only have a certain amount of time, and don't know how it will or if it will go away But they should help you. If they dont shame on the crooks, and if they dont keep fighting and tell on em. I have nothing but bad luck all the time, but I'm still here, don't know if its good or bad most days,,,,good luck.
2016-03-28 05:06:22 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Ok, it sounds to me like you did report this to your insurance company based on what you said.
Just because they are demanding 75k doesn't mean they are going to get that amount! Personal injury claimants and attorneys always ask for tons of money and the cases rarely settle for that first crazy demand. Your insurance company will tell you if the case is 1. worth your limits or more and 2. not going to settle and maybe go to suit.
Do not worry at this time about having exposure beyond your limits. If you do, your carrier will tell you so you can take your next step, but if you don't have any assets, it is doubtful that the other parties would choose not to take your limits if offered by your carrier and pursue you for the rest. There is also underinsured motorist coverage in VA, and if they have that, they can use their coverage for the difference. Don't lose sleep over it right now. Buy trouble only if your carrier says you need to.
2006-10-23 12:04:16 · answer #3 · answered by Chris 5 · 0⤊ 0⤋
Being a Massachusetts resident and driver also I would suggest that you have no contact with the other party or their lawyers. Let your insurance company handle it. Sounds like they are looking to make some money out of this. Insurance companies handle this sort of thing every day that is why you pay the huge insurance premiums every year. My guess is they will seek a trial because if the accident happened the way you described then your insurance will not willingly offer them anything more than their car repairs. People claim whiplash/neck injuries/back pain because they are hard to disprove but, insurance carriers have ways to weed out fact from fiction.
2006-10-23 06:32:48 · answer #4 · answered by Subi 2 · 0⤊ 0⤋
Ohh crap. Their last name is not Davenport is it?
Anyways, don't worry too much about it. When I was younger, I got into an accident under similar circumstances. I wish someone had been there to tell me "the insurance companies will resolve it without ever dipping your pockets." Whether through arbitration or whatever. The lady had claimed fibromyalga (sp)? Tried to sue for a few hundred thousand. Insurance companies squabbled a little, offered her $15k which she denied, then went to court and she ended up getting $7500. Served her right!!! She lost cause she was greedy!
Don't sweat it too much. Happens all the time.
2006-10-23 06:30:39 · answer #5 · answered by Anonymous · 0⤊ 0⤋
It's difficult to tell with injury. My fiance was rear-ended by a woman doing about 15 mph, and he has spinal nerve damage and the bones in his lower back have twisted, rotating his pelvis. His left leg is a measurable 1.5" shorter than his right.
Did they file through their insurance for property damage and for their insurance to forward personal injury complaints to yours? It's your insurance's job to deny the benefits if there is no actual injury. Your insurance sends them in for what is called an IME. The purpose of an IME is for your insurance to find reason to deny their claim. You should probably consult with an attorney regarding the laws in your state and what they can and cannot claim, and also speak with your insurance company to find out what is going on.
2006-10-23 06:40:04 · answer #6 · answered by sovereign_carrie 5 · 0⤊ 0⤋
You definitely need to contact your insurance company to make them aware of the situation. They have a staff of lawyers in which to handle situations such as this. Do not have any personal contact with these people let all necessary communication be through the lawyers only.
2006-10-23 07:20:13 · answer #7 · answered by mzmscheeveeuhs 3 · 0⤊ 0⤋
You can bend over and take it.
Insurance companies are ruthless. If you've got insurance they'll help you out though. If the officer was there to report, get him involved as a witness.
If not, this is America, i'm sure you can countersue them for something.
2006-10-23 06:34:22 · answer #8 · answered by Sgt. Pepper 5 · 0⤊ 1⤋
Dont worry too much. They would have to have ALOT of credible medical proof that they were injured to go after you personally. The insurance companies will settle it amongst themselves, though your premiums will probably go up.
2006-10-23 06:32:34 · answer #9 · answered by rebel g 4 · 0⤊ 0⤋
I have to agree, let your insurance company handle it. thats what they do.
2006-10-23 06:32:20 · answer #10 · answered by Anonymous · 0⤊ 0⤋