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Nicole Whitney | Can I be sued for injuries sustained during a car accident? |
A little less than a year ago, I was in a "Minimal impact" fender bender. It went on record to be 100% my fault and my insurance paid out $1600.00 to the person I hit for damages to her car. Claims remain open for three years. Early this week I found out that this woman is now claiming medical injury and has proof of "Soft tissue injury". I have been in contact with my insurance claims agent - She is not supportive, and only tells me every possibility. I was told that if the damages exceed 25,000 dollars - this woman can sue me for the remain amount. What are the chances that I will be sued?
Does anyone else agree that this world is corrupt? A middle aged well-off woman is attempting to sue a 19 year old college student. She drove an obnoxiously large SUV, I drive a little ford focus. I seriously doubt she is THAT injured. |
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TedEx
|
All I can say is, everybody is sue happy these days.
If she can find a lawyer to represent her, ( not difficult to do) it will be " see you in court." |
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StephenWeinstein
|
I assume the bodily injury limits on your liability insurance were $25,000 per person / $50,000 per accident.
She is not trying to get your money. She is trying to get $25,000 of your insurance company's money.
Does she really have proof of injury or does she just say that she does? If she really has proof, does she have proof that the injury was from this accident, or does she only have proof that she has an injury? (If it has been almost a year, then it is probably impossible to prove when she was injured, so the injury could be from another accident, although that is not very likely.)
Most "soft tissue injury" claims are for whiplash which is caused by not having the headrest against the head, not by vehicle size.
Even if the damages are less than $25,000, she can sue you for the entire amount of damages, but the insurance company pays if you lose, so you do not have to pay. You also do not have to pay if she sues for more than $25,000 and loses. You also do not have to pay if she sues for more than $25,000 and wins something, but wins only $25,000 or less. You have to pay only if she wins more than $25,000.
The most likely scenario is that your insurance company will not want to pay $25,000, and will settle with her for less (so they pay her something, but less than they would have to pay if
she sued and won, and you pay nothing). Another possibility is that your insurance company will decide that she is clearly faking an injury, take the case to court, and win, and you will not have to pay anything. Although it is possible that you will required to pay something, this is not the most likely outcome. |
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car253
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Your claim rep should take into account the kind of car and both of you were driving. I think they are just trying to give you the worse case, but it probly will not turn out that way.
Good Luck. Talk to the claim rep and have your agent talk to the claim rep too about the size of the cars. It does make a difference. |
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mbrcatz
 |
Well, it doesn't work quite that way. She'd have to turn down the insurance company's offer of $25K to be able to sue you. If she accepts that money, she'd not be able to sue you, they'll make her sign off on a form to release you from all further liability.
Soft tissue injury means, muscle strain. Nothing serious, self resolves in a couple months even with no treatment at all.
It's extremely unlikely she'd get anywhere near $25,000 from a judge or jury. If she's trying to make out on this, she's in for a surprise - because after her lawyer takes his 40%, she'll likely not have enough left to cover the medical bills.
Yes. The whole attitude that the world OWES you something, is very, very skewed. It's worse in some states than others, because it's very dependent on your state laws. In many states, with soft tissue injuries, she would only be able to collect under her own policy, and not be allowed to sue you.
So. NO worries. It's extremely unlikely you'll be looking at anything out of pocket, with a minor fender bender. |
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www.myabi.com
 |
Looks like you have learned a really good lesson. Maybe you should have carried more than minimum coverage. About $10 a month would have saved you this worry. The insurance company can just write her a check for $25,000 and tell you good luck on the lawsuit. Read your policy, it will state they do not have to defend you if they pay the policy limits. That's why you want high liability limits, with you being 19 and your future earning potential, don't screw it up by being under insured pay a little more for peace of mind. |
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