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04-21-2005, 12:47 AM
| | Junior Member | | Join Date: Apr 2005
Posts: 12
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What is the name of your state?What is the name of your state?What is the name of your state?What is the name of your state? California
My son was involved in an auto accident, he unfortunatley, did not have any insurance. They exchanged info, and agreed since there was no damage to let it go. Well, a few months went by, and he got a call from the guy's insurance company, saying that the client had been to a few doctors, etc. It totaled $7000 and he needed to pay.
Well, there was no police report filed. Further, the rep talking to my son, let it slip that this was a previous condition (not sure if it was neck, back or somehting else).
My question is, do they have any legal legs to stand on? No police report was filed. It just sounds fishy. I don't have all the info, I will when I get home tomorrow. But, any advice would be greatly apprieciated. Thx. |
04-21-2005, 01:05 AM
| | Senior Member | | Join Date: Jan 2000 Location: Los Angeles, California
Posts: 38,191
| | Quote: |
Originally Posted by Tiwahe What is the name of your state?What is the name of your state?What is the name of your state?What is the name of your state? California
My son was involved in an auto accident, he unfortunatley, did not have any insurance. They exchanged info, and agreed since there was no damage to let it go. Well, a few months went by, and he got a call from the guy's insurance company, saying that the client had been to a few doctors, etc. It totaled $7000 and he needed to pay.
Well, there was no police report filed. Further, the rep talking to my son, let it slip that this was a previous condition (not sure if it was neck, back or somehting else).
My question is, do they have any legal legs to stand on? No police report was filed. It just sounds fishy. I don't have all the info, I will when I get home tomorrow. But, any advice would be greatly apprieciated. Thx. |
My response:
There doesn't need to be a Collision Report to determine fault. You didn't describe the accident, but it's not very difficult to reconstruct the incident to determine who is at fault or if it's comparative liability.
Your son may have, in fact, aggravated the other person's pre-existing medical condition. In the law, there is a theory that "you take your plaintiff as you find him." That means, if the other person is an "eggshell", then you're responsible for the injuries, and aggravations thereof, that an otherwise healthy person may not have suffered.
So, your son may very well be on the hook for all of these damages.
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