August 2005, I hit a truck from behind with my Corolla. (about 30 mph)
At the time of accident, the front of my car was totalled, and the truck had a dent on the bumper. That was all.
Nobody was hurt, and no one rushed to the hospital.
Actually at the time the accident occured, the driver and his friend came out to ask if I was alright, and told me nobody was hurt.
My insurance company paid for the damages, and I thought that was it.
Six months later, my adjuster sent a letter letting me know that this guy had spoken to a lawyer, and wanted to sue me.
I was nervous, but nothing happened.
Today (almost 1.5 yrs pasted), I received a letter from my adjuster that this guy is in the process of having a summom delivered to my insurance company and me. He's suing for injuries.
I personally think he's lying cuz
1) Why sue 6 months later?
2) He rushed out said nobody was hurt
3) He only got a dent, how is it possible to be hurt?
What is your opinion? Suggestions?
Thx!
2006-12-11 17:22:44 · 8 answers · asked by Mii 3 in Cars & Transportation ➔ Insurance & Registration
First of all, I want to thank all of you for answering my questions.
The police did come to the scene of accident, and recorded some stuff. I have a copy of the police report from this accident.
The cop talked to me did record my part saying nobody was hurt. I don't know if he claimed to be hurt or not, but I don't think he would have because he told me he was not hurt. Even if he did, there was not any visible injury at the time of accident.
I have no idea what the driver's occupation is/was, we never talked about it. He looked like a normal young guy around 26, 27. That was my guess.
My insurance company had hired a lawyer for me, but the lawyer hasn't contacted me yet.
After reading your responses, I feel so much better!
Thank you so much and happy holidays!
2006-12-11 18:00:30 · update #1
What are you worried about? You pay for insurance in case something happens. Your insurance company hired a lawyer who will investigate it for you. They will look for everything...from prior accidents to pharmacy records. Your lawyer will depose the plaintiff(s) and try to trick him to see if he's lying about anything.
Just because you just found out about it, doesn't mean that he started seeing doctors 6 months after the accident. No lawyer will take a case if the plaintiff started treated 6 months after the accident because there is no way to distinguish if those injuries came from that accident.
Even if he was slightly injured doesn't mean he's entitled to anything. Its hard to sue now in days if you get a bulge from the accident. You have to have a herniation for it to be considered a serious injury. Insurance companies do not compensate people for being involved in an accident where its not their fault. They only compensate for serious injuries.
Just because he only got a dent doesn't mean he didn't get hurt. He could've gotten hurt. Your lawyer will be sending the plaintiff to see a couple of doctors that will be a part of your defense team. Those doctors will state whether or not the injuries are for real. They will also testify for you at the time of the trial. In the event, that the plaintiff is really injured and your defense team can probably lose, the insurance company, at that time, will offer to settle the claim.
Personally, I wouldn't lose sleep over it. Why else do you pay for insurance? You pay for insurance, in case **** happens. And it did. So let it be. Your defense team will take care of it. If you look at it the way I do, You are not getting sued. Your insurance is.
About the summons, your county sheriff's office will show up to your home and hand you the complaint. And send back to confirming copy of the summons that you were served.
Good luck.
2006-12-12 02:48:12 · answer #1 · answered by Rica 82 5 · 1⤊ 0⤋
First of all, you panicked before, but you seem calmer now, which is good. Do not panic. Claims take time to resolve. When there are disputes over value and parties can't agree suits get filed, and all they have to do is file within the statute of limitations, which can be 2-3 years after the accident. You could be tooling along a couple of years later and get hit with a summons. So don't worry. Unfortunately the fact that a person doesn't complain of injury at the scene or seek medical treatment doesn't mean he wasn't hurt. I'm not his advocate, but it's common for injuries to manifest themselves a day or two or even a few more later. And this injury claim has been going on since then, I'm sure, but your company was handling it and you didn't really know.
The attorney will contact you; don't worry about that. Until you are served with the summons no answer has to be filed, so time is not a problem. In fact, with litigation, the wheels of justice turn very slowly. From the time the suit is filed until it goes to trial (IF it even makes it that far) we're talking 6 months to a year, maybe longer. It dependds on the jurisdiction you're dealing with.
I agree with minimal damage, an injury seems less likely. Your attorney will have to determine his strategy. If the injury is supported by medical documentation it will be harder to argue. The attorney will have to know the type of judge or make up of the jury to determine if an argument that no injury could have resulted will be successful or damaging for your case. I think I've covered everything.Oh yeah, your policy limits will also be something that they look at to determine how far to take the case. If there's a chance that an award would come in over your limits they will probably try to settle. If you feel you have exposure beyond your limits (and you'll know because your attorney will tell you) you will need to get your own attorney separate from that the insurance supplies. Their defense of you is limited to your policy limits. Cart before the horse at this point, but something to think about. Best of luck to you!
2006-12-11 22:52:00 · answer #2 · answered by Chris 5 · 2⤊ 0⤋
Well....he can sue you but the chances of him winning are pretty slim. The reason for this is that any number of things could have happened between then and now causing him injury. Further.....30 miles an hour is not an excessive speed. Get yourself a lawyer. If you cannot afford one, there is free legal aid out there. Your lawyer will ask for discovery items and one may be a bill from the doctor stating the first time he went to one to discuss his ailment or injury. I would bet he had not been to one right after the accident. Find out what he does for a living and if his career could have caused him a similar injury to what he claims to have. This guy is trying to make a buck and you need to fight him tooth and nail. Good luck! (PS....there is a statute of limitations probably of two years so he is sueing now to not miss the cut off date....the scum bag)
2006-12-11 17:29:54 · answer #3 · answered by xovenusxo 5 · 0⤊ 0⤋
First did you get a police report and did it state that no one claimed any injury?
Second , yes injury can occur after an accident, however it is hard to prove. If you have a police report, it will be even hard as he could have recieved his injury anywhere any time after the incident with you. (shadow of doubt..remember this)
Third if your insurance wants to pay him off, to blow off the case, try not to let them. This will not bode well for you. (and your insurance comp don't care)
2006-12-11 17:37:11 · answer #4 · answered by Carl P 7 · 0⤊ 0⤋
Your insurance will handle I dont think it is gonna cost more that 25 grands. Check your liability coverage just in case. If you have 50 grands or 100 k its ok
2006-12-11 20:01:41 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Don't worry. Your insurance will handle it.
They've come across many cases like this before.
2006-12-11 17:32:06 · answer #6 · answered by Ecks 3 · 0⤊ 0⤋
He decided to see if he could suck some money out of the situation. It looks rediculous though. He doesn't have a chance.
2006-12-11 17:25:54 · answer #7 · answered by ? 6 · 0⤊ 0⤋
If he came rushing out, that was a mistake. It's not likely that he will get anything then.
2006-12-19 04:19:42 · answer #8 · answered by Urban Informer 3 · 0⤊ 0⤋