Very Minor Fender Bender Accident. Other Party Now Wants to Sue.

[move]

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

I was involved in a minor car accident where my car essentially tapped the person in front of me. My car came out with no scratches and the other party's car had a few, but they were not noticeable. The other party insisted to settle this through insurance and I just obliged. My car insurance fixed their vehicle and they sold their car immediately.

Fast forward, the other person made an injury claim. When I spoke with them, they told me they were unable to work and couldn't do basic every day things. I find this hard to believe because my car hit their car at literally 5MPH during rush hour, or even slower. On top of this, after doing research on them, I found that they had participated in 5K and 10K runs JUST AFTER to the accident.

My insurance company paid for his doctor visits and whatnot, but now the other party hired an attorney to represent him. They are demanding an additional $10,000. My insurance company disagrees with the level of his injury. I was told to prepare myself to be served with a lawsuit from them and how I will be represented with a defense attorney.

How do I fight this claim and what are my options in making a counterclaim? If I need to go to court, I will need to miss work. Also, this falsified injury claim made my premiums double.

Thanks

 

[Zigner]

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

I was involved in a minor car accident where my car essentially tapped the person in front of me. My car came out with no scratches and the other party's car had a few, but they were not noticeable. The other party insisted to settle this through insurance and I just obliged. My car insurance fixed their vehicle and they sold their car immediately.

Fast forward, the other person made an injury claim. When I spoke with them, they told me they were unable to work and couldn't do basic every day things. I find this hard to believe because my car hit their car at literally 5MPH during rush hour, or even slower. On top of this, after doing research on them, I found that they had participated in 5K and 10K runs PRIOR to the accident.

My insurance company paid for his doctor visits and whatnot, but now the other party hired an attorney to represent him. They are demanding an additional $10,000. My insurance company disagrees with the level of his injury. I was told to prepare myself to be served with a lawsuit from them and how I will be represented with a defense attorney.

How do I fight this claim and what are my options in making a counterclaim? If I need to go to court, I will need to miss work. Also, this falsified injury claim made my premiums double.

Thanks

If you are sued, your insurance company will defend you. That's what you pay them for.

 

[justalayman]

and unless you were want to argue they were at fault for your damages, either property or personal, there is nothing to base a counter claim on.

Fast forward, the other person made an injury claim. When I spoke with them, they told me they were unable to work and couldn't do basic every day things. I find this hard to believe because my car hit their car at literally 5MPH during rush hour, or even slower. On top of this, after doing research on them, I found that they had participated in 5K and 10K runs PRIOR to the accident.

what does them running for fun have to do with the issue?


and while unlikely, it is possible for their to have been injuries given the description of the accident, I happen to know a person that incurred costs of treatment waaaayyy more than what is being asked of you in your situation and the accident actually produced no discernible damage to either vehicle. Unlikely there was injury; yes. Impossible; not at all.
All you can do is let your insurance company do what you pay them for. Given the amount of the claim, I wouldn't think there would be an issue of your insurance not covering the claim.

In other words, don't sweat it because there isn't a thing you can do other than sit back and watch.

 

[OHRoadwarrior]

You should not be so judgmental. Have you ever heard of the straw that broke the camels back? Let your insurance company handle it and move on.

 

[move]

and unless you were want to argue they were at fault for your damages, either property or personal, there is nothing to base a counter claim on.




what does them running for fun have to do with the issue?


and while unlikely, it is possible for their to have been injuries given the description of the accident, I happen to know a person that incurred costs of treatment waaaayyy more than what is being asked of you in your situation and the accident actually produced no discernible damage to either vehicle. Unlikely there was injury; yes. Impossible; not at all.
All you can do is let your insurance company do what you pay them for. Given the amount of the claim, I wouldn't think there would be an issue of your insurance not covering the claim.

In other words, don't sweat it because there isn't a thing you can do other than sit back and watch.

Thanks.

In my opinion, I don't see how a person can claim to be injured to the degree they stated, unable to walk and unable to work due to the injury (office job), yet be able to participate in 5K and 10K runs with a time of the upper 10% of all runners involved.

 

[move]

You should not be so judgmental. Have you ever heard of the straw that broke the camels back? Let your insurance company handle it and move on.

I don't think I'm being judgmental. I just don't understand why they are claiming they are UNABLE TO WALK, yet are RUNNING in races. That seems fraudulent to me.

 

[OHRoadwarrior]

I don't think I'm being judgmental. I just don't understand why they are claiming they are UNABLE TO WALK, yet are RUNNING in races. That seems fraudulent to me.

When you have evidence they were running these races AFTER the accident, take the proof to the insurance company.

 

[move]

When you have evidence they were running these races AFTER the accident, take the proof to the insurance company.

Is this something I should get on my own like contact the organization to get full information, or is this something my defense attorney will help me with?

 

[OHRoadwarrior]

Is this something I should get on my own like contact the organization to get full information, or is this something my defense attorney will help me with?

If you can find it, they can verify it.

 

[justalayman]

Is this something I should get on my own like contact the organization to get full information, or is this something my defense attorney will help me with?

You have made no claim they were running after the accident:

Fast forward, the other person made an injury claim. When I spoke with them, they told me they were unable to work and couldn't do basic every day things. I find this hard to believe because my car hit their car at literally 5MPH during rush hour, or even slower. On top of this, after doing research on them, I found that they had participated in 5K and 10K runs PRIOR to the accident.

are you now saying you are?

If not, the fact they were runners prior to the accident is irrelevant.


but anyway, this is something you just let happen. It is a possibility your insurance company will actually pay the demand if there is any substantiation for the claim. It is the insurance companies option.

 

[ecmst12]

Don't even worry about the details of their claim. That is what you pay your insurance company to deal with. You do NOT get to countersue them because you don't think they're as injured as they say.

 

[move]

If not, the fact they were runners prior to the accident is irrelevant.

If we had the evidence that he was indeed running after the accident, wouldn't it disprove his claim about being injured STILL and unable to walk?

 

[Zigner]

The POINT is that you say they were running races BEFORE the accident. That matters not. If you have evidence of them running AFTER the accident, then turn it over to your insurance company.

 

[move]

The POINT is that you say they were running races BEFORE the accident. That matters not. If you have evidence of them running AFTER the accident, then turn it over to your insurance company.

Oh wow, I just noticed I said prior. What I really meant was there is evidence that they participated in races AFTER the accident. Does this change anything?

 

[Zigner]

Oh wow, I just noticed I said prior. What I really meant was there is evidence that they participated in races AFTER the accident. Does this change anything?

It doesn't change the advice presented. Let your insurance company know of your evidence. THEY are providing your defense.