I slid off the road a month ago into snow bank, there was no impact, no damage. Now the person that was riding with me is claiming to be hurt. When they had been complaining about back and neck pain way before they even stepped foot into my car.
2007-01-04 03:46:22 · 4 answers · asked by perfect little dream 2 in Cars & Transportation ➔ Insurance & Registration
There is video of the woman right after we slid off road, it shows she is just moving fine, would the insurance company use that to prove she's filing false claim?
2007-01-04 04:02:36 · update #1
These are very difficult claims to prove. It is pretty common for people who have no complaints at accident scenes to feel pain of a soft tissue (sprain/strain) type within a day or so later. So the video at the scene may not be sufficient proof of a false claim. Insurance companies have to have medical documentation to support all claims presented. If you have any other proof that this is a made up injury then you should present it to the insurance company. Otherwise, you'll just have to trust that they'll review the documentation and determine their position. If you don't have video of her turning cartwheels during the time she claimed to be hurt there will be little they can do.
2007-01-04 04:09:25 · answer #1 · answered by Chris 5 · 1⤊ 0⤋
It will make it to court. If it is a weak case hopefully the jury will throw it out but you never know. The insurance company will handle it and you just are along for the ride. Try to write every detail about it down as soon as possible so when you give testimony you be clear on the smallest of details. It gives credibility to the testimony. Unfortunately people think they have hit the lottery now when involved in an accident and there is a long line of lawyers who will take the case on a pay if you win basis on the chance of a big settlement and getting 60%.
Good luck.
2007-01-04 12:11:10 · answer #2 · answered by sshaner892000 2 · 0⤊ 0⤋
You can't "prove" someone isnt hurt. Just because she/he felt fine right after the accident does not mean the pain couldnt have set in later. Of course, she may be lieing but, your insurance company doesnt want to pay for a fraudalant claim just as much as you dont.
They will deal with her directly and make sure she doesnt not get more then she is owed. Worse case scenario- they will throw her a few hundred bucks to secure a release so she doesnt sue you directly.
2007-01-04 12:11:16 · answer #3 · answered by la428282 6 · 0⤊ 0⤋
Find someone else the person complained to about their pre-existing back and neck pain...and try to make them a willing witness on your behalf.
2007-01-04 11:50:00 · answer #4 · answered by bradxschuman 6 · 0⤊ 0⤋