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ImaYam | How can he sue me for injuries if he wasnt injured? |
How can he sue me for injuries if he wasnt injured?
we had a car accident, its hard to dtermine whos fault it is(about 2 months ago) and now i get a letter from the lawyer saying he is going to sue me for body injuries! i know this is false becasue i know that peopl etake advantage of the situation to make some money. how do i prove his claims for body injuries are false? we ere going slow, so only cosmetic damage to the cars and no airbags were deployed and no ambulance came. even the police report said everyone was fine |
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bundysmom
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No you don't know it's a false claim and unless you have proof of fraud you yourself can get into trouble. Theoretically you could be correct, the claim is what's called a MIST claim when you compare the vehicle photos to alleged injury. However, the law says you have to take them as you get them and if the person is an eggshell too bad you're on the hook. You do not know what their prior medical condition is, you do not know if they have a pre-existing condition. This will all come out upon your insurance company receiving and evaluating the medical records. At that point, the claim will be paid ordenied, or the case can go before a jury and a jury can decide 1) liabilty and 2) an injury award.
The lawyer is only trying to scare you into picking up the phone and telling your insurance to pay the guy. If you get phone calls, DOCUMENT THEM as many shady lawyers will harass you by phone to get you to do what they want. |
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ziggy_brat
 |
Good luck with that. If you have already talked to your insurance company about the accident then call them back about this and they should be able to help you. I have been through similar situation as you. |
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jplrvflyer
 |
These things vary from state to state. You have insurance. They'll handle it however they see fit. It shouldn't cost you anything at all -- not even any time to deal with it. Let the insurance companies slug it out. |
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lucy
|
ok the letter is for you to notify your insurance company that the other party is filing a claim for injuries;
your company will investigate and determine liability; if your company determines you were at fault, they your company will pay the lawyer and other guy for their injuries;
since damages were not great and police report shows no injuries, does not mean he was not injured; he could have subsequently went to the ER, chiro etc;
the lawyer will have to document the injuries;
ie; medical bills, medical reports, lost wages etc;
insurance companies dont pay unless they prove that you are at fault; if they suspect fraud, they will investigate; insurance companies have special investigators that investigate any suspicious claim;
now if ignore this letter and not call your company, they will go after you personally; you would then need to hire an attorney and pay out of pocket yourself;
so call your insurance company asap;;;;;;
good luck |
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throttle_13
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Sounds shady, but he could have been hurt. Possibly.
In any case, remember that he is not suing YOU personally. He is suing your insurance co. This is why you pay them. Forward the letter to them and they will deal with it. They will investigate, make him prove his alleged injuries, etc.
As far as determining fault, the police report should settle that. Even if it is shared responsibility, they should assign a percentage of blame. That will be taken into consideration in court, but again, you should be done with the matter. The insurance co. will call you and tell you the outcome. |
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MSAD
|
Contact your automobile insurance company and give them a copy of the letter - immediately. They will take over from there. Be sure that you cooperate in the investigation of the claim.
Very often plaintiff attorneys send these letters to you so that you will contact your insurance company and make them aware. Most likely the lawyer did not know who your insurance company or adjuster are so he sent the letter to you. |
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mbrcatz
 |
You don't need to prove his injuries are false - he's suing YOU. HE needs to prove he had real injuries. He'll probably start by submitting the bill from the emergency room getting checked out, then chiropractor bills. He probably doesn't have any "real" injuries - but this isn't your problem. You need to forward the letter to your insurance company, and let them defend you.
The insurance companies have probably ALREADY determined fault, and if he's got a lawyer, they've probably put the majority of the fault on YOU. |
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ilovenerd2003
 |
I was in an accident a month ago. The lady hit me in the rear of the car, not much damage to the car and the airbags didn't deploy. But let me tell you, my back was hurting so much I could barely walk. It started hurting only 30 mins after the accident. I found out that I had a back sprain (like a bad ankle sprain, but in my lower back) I couldn't do anything but lay in bed for up to two weeks, and for another week couldn't do much.. it wasn't until the fourth week that I was able to work on getting my back strength back.
So let me tell you, it IS possible they got hurt. If they have a doctor checking them out, and they have x-rays and the doctor says they are hurt, then they ARE hurt!! Doctor's won't lie, and they can tell when people are faking it.
For myself, I would be so pissed if they didn't pay for my medical and wages I lost and a lil for pain and suffering... cause I went thru hell and I was afraid to lose my job and we barely made it thru with the bills. |
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Eliasjohn
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Sorry to tell you, but injuries can and do sometimes surface after the accident. That's the bad thing about this situation.
Your logic is confusing to me, especially when you write:
"i know this is false becasue i know that peopl etake advantage of the situation to make some money."
By using this logic, you are saying that you are positive that this person is being dishonest because people in general sometimes are dishonest in similar situations.
It would be like me saying: "I know he stole my car because I know that people steal cars." That is basically your argument in your posting, which is very weak when it comes to holding up in a court of law.
So, to answer your question, you would need proof, not just an opinion, that this person is attempting fraud, and this is tough to establish in your case. It sounds from your posting that you just have a 'feeling', which, while it may be right on, it might not protect you. Hopefully you have appropriate insurance in place. |
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