Auto accident-no insurance...liability questions

[AeRoFoRcE]

What is the name of your state? PA

My sister recently got into a car accident where she rear-ended someone. After the fact when she went to report the claim to her insurance company she found out that her policy had been cancelled...but thats another story. The woman she hit is now claiming a ridiculous amount of money for damages approx. $9200 to fix the back hatch door. When we looked up the cost of the part it is only $900 for the part. In the photo's that we took it shows the bumper still intact and attached to the car securely but now she's claiming it was destroyed and fell off while driving also. She is threatening to sue for 1. cost of damages to automobile, 2. loss of wages (because she apparently can't get to and from work), and 3. the cost of a rental car.

Now my question is....is my sister liable for the amount of damages she is requesting ($9200) and what about loss of wages and cost of rental car? I advised the woman that she can go through her insurance company since my sister was not insured but she claims it was a brand new policy on her car and they had not yet come to take photo's of the cars previous prestine condition therefore they will not pay any damages. Also, the police never came to the scene of the accident. When they were called they told my sister and the woman to just exchange information since there were no injuries. Can anyone help? Please?

 

[shell007]

What is the name of your state? PA

My sister recently got into a car accident where she rear-ended someone. After the fact when she went to report the claim to her insurance company she found out that her policy had been cancelled...but thats another story. The woman she hit is now claiming a ridiculous amount of money for damages approx. $9200 to fix the back hatch door. When we looked up the cost of the part it is only $900 for the part. In the photo's that we took it shows the bumper still intact and attached to the car securely but now she's claiming it was destroyed and fell off while driving also. She is threatening to sue for 1. cost of damages to automobile, 2. loss of wages (because she apparently can't get to and from work), and 3. the cost of a rental car.

Now my question is....is my sister liable for the amount of damages she is requesting ($9200) and what about loss of wages and cost of rental car? I advised the woman that she can go through her insurance company since my sister was not insured but she claims it was a brand new policy on her car and they had not yet come to take photo's of the cars previous prestine condition therefore they will not pay any damages. Also, the police never came to the scene of the accident. When they were called they told my sister and the woman to just exchange information since there were no injuries. Can anyone help? Please?

Ask to see an estimate for damages.

It does NOT MATTER what you or your sisters opinion of damages are!

Anyway...your sister is on the hook for ALL costs! If she doesn't pay....guranteed she will be sued.

To add insult to injury: Be prepared for the (rear ended driver) to also file suit for a personal injury claim.

I know you said there were no injuries, but that statement means NOTHING. Many injuries don't show up immediately following a MVA.

SOL for personal injury in PA is 2 YEARS

Sit tight and buckle up.....IT'S GOING TO BE A LOOOOONG RIDE.

 

[justalayman]

The injured party isn't going to get loss of wages due to loss of transportation and car rental. The second one makes the first one false.

Generally a party is required to mitigate damages. That is where the rental comes in to play. If they just sit home and cry that they cannot get to work, too bad, they have to make arrangements to minimize their damages.

Now I'm not saying that $9200 is correct (I have no way of determining that) but damages are often more than apparently visible. There are shock absorbing devices that were probably damaged. There may even be frame/unibody damage. With current vehicles and their design to absorb the impact to save the occupant, many parts are damaged in even the most minimal accident.

As shell posted, get a copy of the estimate to be sure that all items can be related to the accident.

 

[shell007]

The injured party isn't going to get loss of wages due to loss of transportation and car rental. The second one makes the first one false.

Generally a party is required to mitigate damages. That is where the rental comes in to play. If they just sit home and cry that they cannot get to work, too bad, they have to make arrangements to minimize their damages.

You're good!!!

Justalayman is correct: One or the other...NOT BOTH.

With that being said: I personally think the rental cost vs. lost wages is going to be minimal factor when all is said and done.

 

[AeRoFoRcE]

well she works at a diner making like $3/hour plus tips....so0o i'm assuming she doesnt claim majority of her tips in taxes therefore i dont think she could claim a large amount in court if that were the case.

 

[shell007]

well she works at a diner making like $3/hour plus tips....so0o i'm assuming she doesnt claim majority of her tips in taxes therefore i dont think she could claim a large amount in court if that were the case.

Just because she does not make a lot of money, does not mean she's in the clear.

Consider this...IF/WHEN she is sued (and found liable)...they can attach her wages until the debt is paid. If that takes the rest of her life...well...so be it.

This will be a nightmare that she will continue to live for a very long time.