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What should I do?

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distraught10

Junior Member
In the state of Florida. So I got rear-ended in an accident in March. I was completely stopped while yielding to oncoming traffic and as soon I edged up to get closer to the road, she struck me from behind. We got out of our cars and she tried to insist on not calling the police and just exchange information instead. She tried to make up excuses of how she was in a hurry and couldn't wait. Since there was quite a bit of damage on my car, I decided to call the police anyways. The police issued a police report and gave her a ticket for careless driving. So as soon as I got home, I called her insurance company to report the accident and discuss my damages. My damages were fixed within a week and that was that.

I haven't heard anything about the incident until now. It being 4 months later, I get a call from the lady that hit me and she asks me for my insurance name and policy number. I questioned her on why she needed it but she was very vague and she told me that it was not on the police report when it should have been. Without even seriously thinking and being busy, I gave her the information.

To my surprise within the next few days, I get a letter from a lawyers office representing this lady. This letter was addressed a day before she had actually called me. The letter stated for me to contact my insurance company and have them contact her lawyer's office.

With all this, I was quite confused on what to do or what was even going on. So I contacted her lawyer's office and he couldn't reveal any information to me about his client. I asked him why my insurance company needed to contact him. He said something about how the lady was injured. When the accident happen, she was not hurt or not to my knowledge. It just all seems pretty fraud to me but who knows what is going on?

So I continued to contact my insurance company to see if she had filed any claims against me or actually to get some advice too. I explained to them the situation and they told me that there was nothing that they could do. They couldn't contact the lady's lawyers office because I didn't file a claim against my insurance, since it wasn't my fault and I didn't want my insurance to raise for any claims being made.

Still not knowing what was going on, I finally decided to call the lady. I asked her what all was going on. She was very vague still, and said that she didn't think the accident was her fault. I don't understand how she didn't think it was her fault? She hit me when I was stopped and apparently the cop thought the same because it was her who had gotten the ticket. She said something like, because I moved and stopped again...(but I would still think that was her fault). I told her it was because I saw a car coming. We ended up getting into an argument over the mess. I told her I couldn't talk to her and that it was no use and hung the phone up on her.

So now me being stuck in this rut...What do I do? Do I need to get a lawyer myself?
 
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moburkes

Senior Member
There is nothing for you to do. Even if she WAS injured, she has PIP coverage up to $10,000. AFTER her PIP coverage has been exhausted, then the "fault" will be determined. Based on your post, she was clearly at fault, and will have nothing to claim against your or your insurance company.
 

distraught10

Junior Member
moburkes said:
There is nothing for you to do. Even if she WAS injured, she has PIP coverage up to $10,000. AFTER her PIP coverage has been exhausted, then the "fault" will be determined. Based on your post, she was clearly at fault, and will have nothing to claim against your or your insurance company.
I think she is trying to sue me or my insurance company because she doesn't think she's at fault. I don't know how she would end up explaining that though. Would she be able to sue me? With all the crazy things that people do get away with, sometimes I believe anything is possible
 

moburkes

Senior Member
Of course, she can sue you. Your insurance company's lawyers will prove your defense. However, based solely on your original post, she will not win.
 

distraught10

Junior Member
So is there anything for me to do now? Or should I just wait for either my insurance company to call me or her lawyers office to contact me?
 

moburkes

Senior Member
Wait. No one has done anything. There is no reason to contact your insurance company, since you aren't filing a claim and neither has she.
 

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