Hey all, back in mid June the guy ahead of me put on his brakes in a shopping center and I hit him from behind at no more than 5 mph. The damage was very very minor and there were no injuries so we were both friendly. We both have insurance so I thought it would be taken care of, my insurance company sent me to a body shop to verify that it was only minor damage so I assumed the insurance would pay the guy.

Yesterday though I received a claim stating that he's suing me in small claims court for the maximum $7500, apparently he was asking for over quadruple what the actual estimate for his car repair was, plus major medical bills (of which he's sent none to my insurance so far), so my insurance has refused to pay him because he's obviously trying to milk them for more than what is fair.

However I'm confused now as to why I'm personally responsible for taking a day off to go to court and basically defend myself and my insurance, aren't they supposed to take care of this? They have said they will pay whatever the judgement is and the evidence is hugely in my favor regardless of whether he's wearing a fake neck brace, just seems odd that it is going to court at all and dealing with the stress of being sued because my insurance didn't want to pay the guy's inflated demands, nobody I've talked to has heard of this happening.

Any advice on this?

Yes - tell your insurance company that it's their responsibility to defend you. That's why you have insurance. They will undoubtedly balk.

I would not say the evidence is hugely in your favor - you struck him from the rear and admitted it was your fault (apparently); he is claiming damages and will need proof of those damages from at least two different collision shops; he is claiming injuries and will also need medical proof.

Maybe he was injured, maybe he wasn't.

Again - I would tell the insurance company what you've said here. The fact that they think the claim is inflated doesn't mean they can wash their hands of you and send you off to Small Claims Court. They are required to defend you.

Any advice on this?Hello a:

What Judy said is true. They ARE required to defend you. Here's what I would DO about it. First off, READ your policy. Somewhere in all that gobbledygook is a section that says that. Write them a certified letter, return receipt requested, and quote that section. Tell them that they have 48 hours to step up to the plate or you will complain to the FTC, the state Insurance Commissioner, and the media. Plus, tell them you'll sue them too.

excon