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Can I fight this?

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txdogmom

Member
What is the name of your state? Texas

Got into an accident on Monday. Trying to merge onto a frontage road so that I could get on the highway. Car in front of me stopped and let the oncoming traffic on the frontage road pass. Car starts to move forward. I started to roll, turned left to check blind spot and as I looked forward, she slams on her brakes. Claims later she thought she saw a car coming. There was no one for at least a quarter mile. Impact at less than 5 m.p.h.

Lady and daughter get out of car. Damage to her car limited to bumper. Ding in paint about .25" high by .125" wide. Both say they have no injuries, not sore, etc. Call Police. Move vehicles off service road into Home Depot parking lot. Cop comes, takes statements and refuses to write a report. His reasoning: damage under $1000, no injuries (asked both women several times if they were hurt), low impact collision. Woman is pissed there is no report. After cop talks to her, he comes to me. Tells me that I *really* need to get my insurance involved with "this one". After I said that I was hoping to just settle it without the insurance, he repeated even more strongly, "You REALLY need to get your insurance involved with this lady." (I was on my cell phone with my sister so she hears this too.) The impression I got was that the cop thought she was going to try to scam me.

After cop leaves, my sister arrives. Asks both women if they are ok. Both say yes. Daughter drives car around the parking lot. Gets out and says everything is fine. Car drives great. I took picture of the "damage" on my cell phone because I didn't have another camera there.

Call insurance. Tell them about accident, what the cop said inferring she is going to try to scam me, etc. They come out and inspect car. Damage to my car est. at $300.00 (for a paint job - no structural damage but where bumper hit hers there are tiny cracks in the paint.).

Followed up today with insurance. They tell me she is now claiming major back and neck injuries. It sounds like they are going to pay this scam artist. Can I fight this? There is no way in hell that several thousand dollars worth of injuries happened. Geez, the car damage was only $300 for me; hers was probably about the same amount of cost to fix (or less). The Home Depot security cameras will show the car is drivable and they are just fine walking around.

Am I stuck with the insurance settling with her or can I fight this somehow?
 


moburkes

Senior Member
Honestly, for most insurance companies, whether they pay $0 or $10,000, they are going to surcharge you for an at fault accident. The surcharge is the exact same.
 

ecmst12

Senior Member
Your insurance will fight it for you if they believe there is evidence that the injuries are not legit. That is why you pay them. Don't worry about it.
 

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