Uninsured Accident

[smilingsapphire]

What is the name of your state (only U.S. law)? Alabama

I'm in a difficult situation. I was involved in a car accident with two other cars. It was my fault (I rear-ended them) and one had insurance, the other did not. I also didn't have insurance at the time. I understand I have to pay all damages and have already been in contact with the insurance company of one girl, who explained that the total charges would be $905. She had a newer car and the charges include a rental car. They are currently setting me up on a payment plan. I've talked to the girl with no insurance several times, and I told her to get estimates of her car. At first, she said the only damage was to her car. Now she says she has hospital bills as well. I've tried several time through phone conversations and certified mail to get her to mail me the estimates, but she has failed to do so. I recieved a call from her today saying the "cheapest" estimate was $4500 and her hospital bill totaled $8500. I find this very hard to believe since I had NO damage on my car and NO personal injury and the second girl also did not recieve personal injury. She still will not send me estimates and I refuse to send her a $13000 check with no proof of those costs. What should I do to protect myself?

 

[ecmst12]

Wait for her to send you proof of her loss or sue you. She has 2 years for both property damage and personal injury before the SOL runs out. Don't give her a PENNY without proof.

 

[smilingsapphire]

is she allowed to sue me for pain and suffering since she didn't have insurance?

and she hasnt called back since the voicemail with the ridiculous amounts of damage. The other driver only had 700 dollars in damage, and her car was much newer. My car didnt even have damage. If it was taken to court, can I claim that she slammed on her brakes, causing me to run into her?

lastly, should i begin looking for a lawyer?

 

[ecmst12]

You can claim she slammed on her brakes but it will still be your fault.

She can't sue for pain and suffering in small claims court. If she gets a lawyer, she can try.

 

[Zigner]

...can I claim that she slammed on her brakes, causing me to run into her?

Are you seriously looking for permission to lie in court?

 

[smilingsapphire]

considering she has lied the entire time, and that the estimates she is trying to get from me has more damage that was actually caused in the accident...

yes i am.

she is getting me quite upset and if she wants to play dirty, then so can i.

 

[ecmst12]

Lying will get you no where. It will STILL be your fault no matter how much she may have slammed on brakes. You were following too closely.

 

[smilingsapphire]

I go to Joe Hudson’s Collision Center and obtain a copy of her estimate, totaling $3599.88. Includes a new back bumper, front bumper, rear lamps, trunk lid, rear body panel and floor, & quarter panel. I speak with Adam Hudson, who personally performed the estimate for her. I asked how much damage my car would have to obtain for her car to sustain such damage, and was told my car would have had major engine and major front body repair work to cause this amount of damage by rear-ending her (there was no damage to my car, except for a paint scratch). He looked at my car and said considering how my car looked, she would just need a new bumper. He said there was NO possible way my car caused all of these damages.

so how can i prove that not all of these damages are from this accident?

 

[smilingsapphire]

she still refuses to send me anything and claims she has an attorney and i can only talk to them, but wont give me their information. i have already told her i'm only writing a check to whoever is fixing her car, i don't understand what profit she could make off of this.

 

[ecmst12]

You have no right to make payment to anyone other then the owner of the car. She is not required to actually get her car fixed. She is entitled to be compensated for the damage you caused; whether she wants to fix the damage or keep the money and take the hit on her car's value is up to her.

However, if you believe her estimate includes damage not caused by you, tell her so. Let her sue and a judge will decide what you owe.

If she was the middle car in this accident, then damage to the front of her car would be logical.

 

[goddessoflubboc]

First, a clarification. She can sue you personally for pain and suffering because YOU didn't have insurance, not because she didn't.

Second, run a carfax on her car. No guarantees, but it could show if a previous claim was filed on the car. Worth the $20 anyway.

Lastly, have you seen a hospital bill lately? Just to go in and get checked over (which she certainly has the right to do) can be in the thousands.

Nope, actually this is last - don't ever, ever, EVER commit insurance fraud. You WILL be caught!

 

[fueledbymusic]

What is the name of your state (only U.S. law)? Alabama

I'm in a difficult situation. I was involved in a car accident with two other cars. It was my fault (I rear-ended them) and one had insurance, the other did not. I also didn't have insurance at the time. I understand I have to pay all damages and have already been in contact with the insurance company of one girl, who explained that the total charges would be $905. She had a newer car and the charges include a rental car. They are currently setting me up on a payment plan. I've talked to the girl with no insurance several times, and I told her to get estimates of her car. At first, she said the only damage was to her car. Now she says she has hospital bills as well. I've tried several time through phone conversations and certified mail to get her to mail me the estimates, but she has failed to do so. I recieved a call from her today saying the "cheapest" estimate was $4500 and her hospital bill totaled $8500. I find this very hard to believe since I had NO damage on my car and NO personal injury and the second girl also did not recieve personal injury. She still will not send me estimates and I refuse to send her a $13000 check with no proof of those costs. What should I do to protect myself?

Like Emerson says. "Lawsuits are not about justice. They are about MONEY. If you don't want money, then you shouldn't be thinking about suing. And people post here because they are thinking about suing. Because they want money, no matter how much they don't want to admit that to themselves."

I HATE when later on the supposively (Yes Wielessany1, ITS SUPPOSIVELY)injured party says something else happened and will cost $$$$$ more! BS

 

[Zigner]

I go to Joe Hudson’s Collision Center and obtain a copy of her estimate, totaling $3599.88. Includes a new back bumper, front bumper, rear lamps, trunk lid, rear body panel and floor, & quarter panel. I speak with Adam Hudson, who personally performed the estimate for her. I asked how much damage my car would have to obtain for her car to sustain such damage, and was told my car would have had major engine and major front body repair work to cause this amount of damage by rear-ending her (there was no damage to my car, except for a paint scratch). He looked at my car and said considering how my car looked, she would just need a new bumper. He said there was NO possible way my car caused all of these damages.

so how can i prove that not all of these damages are from this accident?

The last accident that my wife was involved in (totally innocent - just sitting there and she got hit) result in the other two vehicles in the accident being totaled. Damage to our vehicle? Well, let's just say that it took me about 20 minutes to notice the tiny scratch on the bumper guard and the fact that the shock-absorbers for the bumper had about 1/2" of "clean" meaning they had traveled about that distance and then returned to their original extension.

 

[Rochester22]

Adam Hudson from the body shop is your new "expert witness." He says you couldn't possibly have done the damage. Looks like she was in some other crash and YOU are getting the bill. Hold tight; all you pay is for the bumper the expert says she would have needed.

 

[Zigner]

Adam Hudson from the body shop is your new "expert witness." He says you couldn't possibly have done the damage. Looks like she was in some other crash and YOU are getting the bill. Hold tight; all you pay is for the bumper the expert says she would have needed.

Oh brother!