Fake Injuries

[aero149]

In December, I was involved in an auto accident in New York. There was a green light and I was going westbound and the other vehicle was going eastbound. At the light, the other driver made a fast left hand turn and I hit the other vehicle's side and broke their rear taillight. The damage to my car was a torn bumper cover. Other than this, there was no other damage. Although the other vehicle did have two other damages due to other accidents. The police were called and witnesses were questioned but they did not seen the accident. They only heard the noise. At this point, the other driver started complaining of pain in their right side. Before the questioning of the witnesses, the other driver was talking to someone on their cell phone and drinking coffee,walking around and did not complain of pain. The police called an ambulance and took the other driver to the hospital. At this point, I took pictures of the damage done to both cars. Since we both only had liabilility insurance, I filed a claim with the other driver's insurance company. Their investigation concluded both driver's claim to have the green light and there were no independent witnesses to confirm either driver's version. The insurance company is offering me 50% of the cost to repair my bumper since I was negligence for 50% of the accident. The insurance company is also making this offer without prejudice and without admitting liability. The other driver retained a lawyer and is asking my insurance company for money for their "injuries". My questions are:
1. Should I accept this offer and will it make me 50% negligence? Or will it make me liability?
2. Should I decline this offer and if I decline, will my insurance company still have to pay the other driver?
3. If my insurance company does not pay the other driver, can the other driver sue me?
4. What exactly is the meaning of negligence and liability? It seems to me that the other insurance company is admiting that their policy holder is negligence but they are not admitting to liability.
I am very upset over this matter since I have been driving for 30 years and have never had an accident before. This is all new to me and I do not know what to do. I sent all the information to my insurance company regarding the accident and I am waiting for a response from them. Anybody have any ideas or suggestions as to what I should do?

 

[seniorjudge]

In December, I was involved in an auto accident in New York. There was a green light and I was going westbound and the other vehicle was going eastbound. At the light, the other driver made a fast left hand turn and I hit the other vehicle's side and broke their rear taillight. The damage to my car was a torn bumper cover. Other than this, there was no other damage. Although the other vehicle did have two other damages due to other accidents. The police were called and witnesses were questioned but they did not seen the accident. They only heard the noise. At this point, the other driver started complaining of pain in their right side. Before the questioning of the witnesses, the other driver was talking to someone on their cell phone and drinking coffee,walking around and did not complain of pain. The police called an ambulance and took the other driver to the hospital. At this point, I took pictures of the damage done to both cars. Since we both only had liabilility insurance, I filed a claim with the other driver's insurance company. Their investigation concluded both driver's claim to have the green light and there were no independent witnesses to confirm either driver's version. The insurance company is offering me 50% of the cost to repair my bumper since I was negligence for 50% of the accident. The insurance company is also making this offer without prejudice and without admitting liability. The other driver retained a lawyer and is asking my insurance company for money for their "injuries". My questions are:
1. Should I accept this offer and will it make me 50% negligence? Or will it make me liability?
2. Should I decline this offer and if I decline, will my insurance company still have to pay the other driver?
3. If my insurance company does not pay the other driver, can the other driver sue me?
4. What exactly is the meaning of negligence and liability? It seems to me that the other insurance company is admiting that their policy holder is negligence but they are not admitting to liability.
I am very upset over this matter since I have been driving for 30 years and have never had an accident before. This is all new to me and I do not know what to do. I sent all the information to my insurance company regarding the accident and I am waiting for a response from them. Anybody have any ideas or suggestions as to what I should do?

1. Should I accept this offer and will it make me 50% negligence? Or will it make me liability?

This is entirely up to you; if you accept it and do not admit liability, then you have not admitted liability.


2. Should I decline this offer and if I decline, will my insurance company still have to pay the other driver?

Possibly.


3. If my insurance company does not pay the other driver, can the other driver sue me?

The other driver can sue you for anything at any time for any reason.


4. What exactly is the meaning of negligence and liability?

 

[seniorjudge]

Definitions of negligence on the Web:

* failure to act with the prudence that a reasonable person would exercise under the same circumstances
* the trait of neglecting responsibilities and lacking concern
wordnet.princeton.edu/perl/webwn

* In law, negligence is a type of tort or delict that can be either criminal or civil in nature.
en.wikipedia.org/wiki/Negligence

* Failure to exercise the care toward others which would reasonably be expected of a person in the circumstances, or taking action which a reasonable person would not.
www.mesotheliomahelp.net/mesothelioma_glossary.html

* The failure to use the reasonable care that a prudent person would have used under the same or similar circumstances.
64.143.115.92/common/html/glossary/glossary_n.htm

* Failure to use such care as a reasonably prudent and careful person would use under similar circumstances.
www.jcaho.org/accredited+organizations/sentinel+event/glossary.htm

* The failure to exercise the care that an ordinary prudent person would exercise: either doing that which a prudent person would not do, or failing to do that which a prudent person would do.
www.apmc.us/IndustryGlossary

* Action or failure to act that is outside the realm of what would be considered appropriate by ordinary, reasonably prudent persons.
www.muaco.com/en/glossary/N/

* Negligence is another term for Fault or Liability. Fault. To succeed in a claim for compensation you must prove that someone else was negligent (at fault or liable)
www.accident-compensation.adopto-finance.com/glossary.html

* * omitting to do something which a reasonable person in similar circumstances would have done, or doing something which a reasonable person in such circumstances would not have done.
www.lkinsurance.on.ca/glossary.html

* Failure to exercise care, resulting in injury to others or damage to property.Top
www.sumnerins.com/glossary.htm

* Negligence is the failure to exercise that degree of care that a prudent or reasonable person would usually use.
www.bobschuster.com/legal_terms.html

* has the meaning given in section 5.5.
scaleplus.law.gov.au/html/pasteact/1/686/1/PA005910.htm

* Failure to be sufficiently careful in a matter in which one has a moral responsibility to exercise care is negligence. Some careless mistakes are negligent, as when a surgeon sews up a patient with surgical instruments inside. Others are not, as when one dribbles soup down the front of one's sweater.
www.unmc.edu/ethics/words.html

* A failure to conform your conduct in a situation to the level of care expected of the hypothetical reasonable person, where that failure is the proximate cause of injury to another.
www.iciclesoftware.com/vlh7/VLH7Glossary.html

* Perhaps the most common formof tort. In Blyth v Birmingham Waterworks Co. (1856) it was defined as 'the omission to do something which a reasonable man guided by those considerations which ordinarily regulate the conduct of human affairs would do, or doing something which a prudent and reasonable man would not do'. Gives rise to civil liability.
www.biba.org.uk/consumer/support/jargonbuster.html

* A lack of such reasonable care and caution as would be expected of a prudent person. A penalty may be assessed if any part of an underpayment of tax is due to negligent or intentional disregard of rules and regulations.
www.bookkeeperlist.com/definitionsn.shtml

* The omission or neglect of reasonable precaution, care, or action.
www.msm.com.au/glossary/

* In its broadest sense, carelessness. More precisely, conduct which falls below the standard of care established by law for the protection of others against unreasonable risks of harm. ...
www.edgarsnyder.com/resources/terms/n.html

* A tort which arises when a person owing a duty of care to someone breaches that duty, which results in loss or damage to that person. The outcome can be an award for damages.
www.cheapmortgages.com/glossary.htm

* Imprudent action or omission which may cause injury, damage or loss.
www.eyefortransport.com/glossary/mn.shtml

* Negligence is committed when a person accidentally fails to exercise reasonable care in particular circumstances, which results in injury or damage to someone else or their property.
www.attorneykennugent.com/library/n.html

* Carelessness or the habit of failing to use a reasonable amount of care when such a failure could result in an injury or damage to another.
www.usaaedfoundation.org/insurance/ins_home_glossary.asp

* The basis for liability insurance. It is the failure to act with the legally required degree of care for others. Also known as neglect.
www.saia.co.za/ConsumerIssues/CI_Glossary.htm

* Lack of proper care and attention whereby a person acts or fails to act in a way that is considered unreasonable from a health and safety point of view
www.edp-uk.com/glossaries/terms.htm

* The most common cause of action in medical malpractice cases. It will arise where injury results from a failure of the wrongdoer to exercise due care.
www.jaamtonline.com/pt/re/jaamt/fulltext.01179370-200506000-00010.htm

* Failure to exercise ordinary care or caution.
www.adlergiersch.com/legal.cfm

* In order to claim personal injury another party must be responsible in law or at least partly responsible for the actions that led to the injury being sustained. This may be because they have been plainly negligent and perhaps because they are in breach of some statutory duty owed to you. Negligence involves breach of a duty of care owed to you by the other party. ...
www.theclaimsconnection.co.uk/personal-injury-glossary.html

 

[seniorjudge]

Definitions of liability on the Web:

* the state of being legally obliged and responsible
* indebtedness: an obligation to pay money to another party
* the quality of being something that holds you back
wordnet.princeton.edu/perl/webwn

* In the most general sense, a liability is anything that is a hinderance, or puts one at a disadvantage.
en.wikipedia.org/wiki/Liability

* Amounts owed for items received, services rendered, expenses incurred, assets acquired, construction performed, and amounts received but not as yet earned.
data2.itc.nps.gov/budget2/glossary.htm

* An item of value that is part of the overall debt or obligation of a person or business. For example, a mortgage is a liability of the homeowner/borrower, but the same mortgage is an asset of the savings and loan/lender. At savings institutions, savings deposits and all borrowed money are considered liabilities. Net worth, or regulatory capital, is accounted for as a liability because it is an obligation of the institution to its owners.
www.ncbuy.com/credit/glossary.html

* An amount owed; an obligation of a company or entity that must be settled in the future by transfer of assets, provision of services, or assignment of future economic benefit, it is the result of a past transaction.
www.theaccountspayablenetwork.com/html/modules.php

* Ardana shall not be liable for any direct or indirect, special, incidental or consequential loss or damage whatsoever including without limitation, damages for loss of profits, contracts, data, goodwill, work stoppage or computer failure resulting from the use of or inability to use, interruption or availability of this Website, its operation or transmission, computer viruses or otherwise in respect of the use of the Website and howsoever caused even if Ardana has been advised of the ...
www.ardana.co.uk/termsofuse.html

* A financial obligation, or the cash outlay that must be made at a specific time to satisfy the contractual terms of such an obligation.
www.clrfn.com/extras/glossary/exglostext.html

* Responsibility to another for one´s negligence.
www.tdi.state.tx.us/consumer/glossary.html

* In terms of foreign exchange , the obligation to deliver to a counterparty an amount of currency either in respect of a balance sheet holding at a specified future date or in respect of an un-matured forward or spot transaction.
www.fx-forex-trading.com/glossary.htm

* A legal responsibility or obligation. Lien: An encumbrance, upon real or personal property, that secures the payment of a debt or the performance of a duty. Litigant: One of the parties involved in a legal action. Litigation: The process of settling a dispute through the court system.
www.medicalmalpractice.com/Glossary-Medical-Malpractice.cfm

* Liability is another word for Fault. To succeed in a claim for compensation you must prove that someone else is liable (at fault or negligent)
www.accident-compensation.adopto-finance.com/glossary.html

* A liability is an outstanding debt such as a credit card balance or car loan. You are required to list all your liabilities when applying for a mortgage loan. Top
www.cufsmortgage.com/glossary.asp

* A financial obligation or debt.
www.candlestrength.com/stock-trading-glossary.htm

* A legal responsibility, obligation, or debt.
www.utcourts.gov/resources/glossary.htm

* Legal responsibility for an act or failure to act.
www.library.yale.edu/~llicense/definiti.shtml

* The IEICE performs the BUSINESS without any kind of guarantee. More specifically all the CONTENTS are released without any kind of guarantee of the IEICE. USERS agree to USE the CONTENTS at their own risk. The IEICE is not responsible for damage that USERS may suffer as a result of either USING or being unable to USE the CONTENTS. The IEICE will not recompense USERS for such damage in any manner. ...
www.ieice.org/eng/elex/elex_riyoukiyaku.html

* 1) An obligation imposed by law or equity. 2) Money owed or expected to be owed. In an insurance company financial statement, the two columns it contains are its "assets" (or the amounts it owns) and the "liabilities" (or the amount it owes or expects to owe). Liabilities generally are defined by state statute or insurance department regulation for use in the annual statement of an insurer. ...
www.apmc.us/IndustryGlossary

* In accounting, a financial liability is something that is owed to another party. This is typically contrasted with an asset which is something of value that you own. The basic accounting equation relates assets, liability, and capital (or equity) thus: liablities + equity = assets
www.turbocashuk.com/Accounting-Terms.html

* The University makes no representations or warranties about the accuracy, reliability, completeness or timeliness of any information held in the Alumni Online Community, nor does the University warrant the Alumni Online Community will always be available, nor that it will operate error-free. Users are advised that networks and websites may carry computer viruses, worms and other harmful material, and that reasonable precautions should be taken by users of the Alumni Online Community.
www.alumni.neu.edu/terms.html

* Orchard Cottages shall not be liable to the Client or third parties for any accident, damage, loss, injury expense or inconvenience, which may be suffered, incurred, arise out of or in any way connected with the rental. ...
www.orchardcottages.co.uk/terms.htm

* Liability insurance includes many classes of cover which provide indemnification for monetary amounts that an insured becomes legally obliged to pay to a third party.
www.converium.com/520.asp

* Legal responsibility for causing loss to someone else by injuring them or damaging their property.
www.rbs.co.uk/Personal_Finances/Insurance_&_Protection/Jargon_Buster/default.htm

* Liability for something such as debt or crime is the legal responsibility for it; a technical term in law. [3]
www.ee.oulu.fi/research/ouspg/sage/glossary/

* Towards the exhibitor and his agents, the organizer is not liable for damage caused during the exhibition on the exhibition premises. For damages due to failure of installations, breakdown or other events affecting the exhibition, the organizer is liable in cases where intent or gross negligence on the side of the organizer applies. Advise of taking out an insurance for exhibitors is highly recommended.
www.igd.fhg.de/archive/1995_www95/documentation/exhibition/general.html

* The amount owed to another by a business or an individual. Characteristics: 1) represents a transfer of assets or services at a specified or determinable date; 2) the firm or individual has little or no discretion to avoid the transfer; 3) the event causing the obligation has already occurred. Liabilities are often divided into classes: short-term that are due to be paid in less than one year, and long-term that are due to be paid over a period of more than one year. ...
www.faststart.state.ri.us/bfs_glossary.html

* You agree not to hold Automotive.com, Inc. or its members liable for anything stated within the forums.
forums.automotive.com/languages/en-US/docs/TermsOfService.aspx

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www.virnik.co.uk/terms.htm

 

[aero149]

That you for your response. It is a lot to consider. I will have to read the definitions more carefully since they are so ambiguous. It would be a lot easier if they were clear cut.