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I really need some help.
I had a minor accident with a lawyer. My car has a no damage, his had a little. The reasons he is suing me are false and I can prove that some of them are false.
My questions are is this legal? I have car insurance, I thought this is why I have car insurance? What should I do. This guy is a lawyer and he's had this planned since the accident. He called to tell me that he was going to hospital. This was almost 7 hours after the accident. I need some advice.
Has he filed a lawsuit yet on this matter? Have you contacted your car insurance agent about the accident in the first place?
Yes.
This happened in December. I told him I would write him a check for damages because we both thought it wasn't going to be a lot. Then he called me back after talking to his friends and he thought it was going to cost a lot more. I told him to get it checked out anyway and he never did. Later that night he called back and said that he was going to check himself into a hospital because he had not been feeling well. That was the last I heard from him until today when I got a civil claim notice for damages.
I thought that the insurance agencies were suppose to cover this stuff. And secondly the place and the way the accident are not how it happened and my insurance company has a record of that. There isn't even a parking lot at the location where he said the accident happened. I just don't know what to do. This does not seem fair or legal.
Yes, your insurance should be covering it ( if they think the case is real) now a lot of insurance companies deny claims the first time on many things, and they may not want to pay for injuries that they don't believe are valid also.
Of course he can sue you, so you notify the insurance company he is sueing and they will help with an attorney ( who will represent the insurance companies interest, so you may need your own attorney also to protect your interest.
If he wins nomrlaly the insurance company will pay but normally settle before the trial. Just keep the insurance company in the link
Automobile insurance claims vary from jurisdiction to jurisdiction and you may wish to seek legal advice wherever you are.
As a general rule, an insured always has the option of suing another person directly for damages instead of dealing with an insurance company. That aside, the advice from Father Chuck is sound especially since your insurance policy likely requires you to advise your insurance company in such circumstances.
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Originally Posted by ashann11
I investigate accidents all the time and your opinion of what is minor may very well be his opinion of what is major - I would be interested in knowing more about the false reasons he is suing you as well as your proof. Are you saying there was no accident? I'm confused on that part.
Going to the hospital 7 hours later is not unusual - from my own personal experience I was in an accident and didn't even know I had damaged a disc in my neck until the next day when I couldn't turn my head. Shock goes a long way. Also - the other party has to PROVE injury. The Courts want medical proof from Physicians or other medical professionals.
I know it's an extreme case but I actually worked on an accident some years ago - little car vs big car - and there was very, very little damage on the big car but the woman in the small car ended up paraplegic. So damage/injury are not always directly related. You also don't know if there was a pre-existing condition involved. You take the other party as you find them meaning if someone's health is already compromised and you have the misfortune to be in an accident with that person you have to accept that they will be injured more easily than a person without the pre-existing condition.
I don't know what State you are in but in NYS the process is: there is an accident, both parties report it to their insurance company, insurance companies attempt to work it out. If there is "pain and suffering" (not medical bills, not damage to the vehicle) that claim is NOT made directly to the insurance company - you get a letter from the other party's Attorney advising of the claim and you turn that letter over to your insurance company which defends you to the dollar extent of your policy. I know, it's unnecessarily complicated but that's how it "usually" works (in NYS and a lot of other States).
You said somewhere that the accident was in December. This is a very, very short period to receive a "sue" letter. Do you have insurance?
Anyone can pretty much sue anyone - it's the winning that counts and your insurance company will handle it - that's why you pay them.
I'm a little confused here. You reported this to your insurance company, so what makes you think they AREN'T covering it. If you get any sort of summons or anything else pertaining to this accident you simply turn it over to the insurance company and they will handle it. The time to worry is if the insurance company denies the claim.
I remember an accident I had when I first started driving. I was in traffic and I took my eyes off the road for a moment and didn't see the car in front of me stop so I bumped him. I was drifting, didn't even have my foot on the accelerator. The only visible damage was a small dimple on his rear bumper. We exchanged info. The next day his father called and gave us ridiculous figure for repair. I talked to my dad who said just report it to the insurance. When I said this to the other guy he said; "Well if we are going to get the insurance company involved (we both had the same carrier) I'm going to send my son to the hospital." Some months later we received a summons, the guy was suing us for a 5 figure amount. We simply sent the summons to our insurance agent and never heard any more about it.
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Originally Posted by ScottGem
Reread the original question - unless the other party has filed in Small Claims Court (and I'm not sure that's the case) it sounds like he got a "notice" letter ("I'm putting you on notice because I was injured" or something similar) and not a Summons (which would require service, also). Certainly too soon after the accident to file in a superior Court. What did you get in the mail?
PS to self - do NOT ride in a car with Scottgem. (Ever drive with an investigator as a passenger? I'm like the Exorcist, head spinning around on the constant lookout for danger. I don't know the millions of people who drive every day, unscathed. I only know the teeny tiny percentage in accidents so I'm what is known as a nervous passenger.)
I happen to be a very good driver. In over 30 years of driving I have been involved in only 5 accidents while driving. Of those, two happened when I was rear ended, while stopped for a light. The third was the one mentioned above, the 4th occurred because someone didn't allow me space to maneauver in a parking lot and the last occurred when someone was going too fast in a snowstorm and sideswiped me. Of those, 3 occurred during the 1st two years that I had my license.
I'd be happy to take you driving anytime, Judy :D
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Originally Posted by ScottGem
Oh, okay - now that you've 'splained things, you can drive and I'll be the passenger.
(Some day I'll share the time I backed out of the garage, straight into my husband's car. I thought his car was in the garage - I "guess" I wasn't paying attention. Our insurance company was fascinated. My argument was that it's called a "driveway" because you drive in it; if it were meant for parking it would be called a "parkway." A good offense is not necessarily a good defense. I lost the argument in several ways.)
I was able to get in contact with my insurance company the day after I received my notice and first posted on this site.
Here's what happened in December. We had an accident in a parking lot. I was pulling out of spot and going to make a right turn onto a one lane, two way alley. There was a huge 15 seater van in the end spot on my right side of the parking spot. I couldn't see anything to my right. So I had to inch out in order to see anything. When I inched out, this is when I hit the other car. There was very little damage to his car. We both got out and I wanted to handle this privately because we both agreed there was not much damage and I'm 21 so any accident will make my rates sky rocket. He was all for it. About 2 hours later I get a call from him that he thinks its going to be a lot more than we thought. I asked him if he took it to a mechanic and he said no. He said his friends at the law office thought it was going to be a lot more. I asked him to take to the mechanic anyway. Later that night I get a call from him that he hasn't been feeling well and that he was going to check himself into a hospital and that it would have to go through the insurance. At this point, knowing that he's a lawyer, knowing that he did not take the car to the mechanic, I realize that I have misinterpreted him as a nice guy. So two days later I talk to my insurance company, I tell them what happened, I took pictures on my car, the alley and the van blocking my view. And that's the last I heard of all this until 2/25.
When I talked to my insurance agent, she said she made an offer that covered MOST of the damage to his car- all but $150. They thought that he was partially to blame because he must have been going faster than the speed limit to accrue the amount of damage he had. I don't drive a big car, and my car had no damage. He and his lawyer were unhappy about this and I guess this is when they sent me a small claims notice for $2700 dollars plus court filing fees.
Now this is what I do not understand. If they are unhappy with the amount that my insurance company is giving them, how are they able to completely disregard the offer my insurance company offered and ask me for the total amount and then some? Also, in the notice, it stated that I was completely to blame because I was speeding and when I hit him, I was actually trying to avoid him but I couldn't because of my high rate of speed. This is completely wrong, and my insurance company has what I said happened on file. Also the location he stated where the accident happened is completely wrong. It took place in a parking lot, and there is no parking lot where the accident happened.
Now if he would have just called me and said that my insurance company is covering everything but $150 I would have written him a check. He doesn't seem to be trying to claim any medical injuries in all this so I would have written him one. But he just seems to be trying to completely screw me over at this point. His lawyer probably told him that he had no chance of winning his medical case, but he must know what he's doing since he has more law information than I do.
But shouldn't my insurance company be handling all this. I guess I don't understand why he just stopped working with my insurance company and went after me. How can that be legal? Why do I have auto insurance if people can do that?
Of course your insurance company will handle it. But did you forward them the small claims notice? Apparently this guy is trying to do an end run around your insurance company. Don't let him. Just forward the notice to your carrier and they will handle it. If he persists in the small claims process then they will send someone with you to small claims court and when the judge hears that a settlement was offered and he went behind the insurance company's back he will not like it.
If your insurance does not pay him the amount he thinks he should get, he is allowed so sue you, You carry insurance in case people sue you.
You notify your insurance company you are being sued and normally they will provide an attoreny to represent their interests.
There is nothing to stop him from sueing you if he wants to,
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Originally Posted by ashann11
He does not have to accept what your insurance company offers and has the right to pursue you for the full amount of his claimed damages. He, of course, has to prove damages. Happens all the time, in fact. Notify your insurance company and they will either send someone with you or, depending on the amount he has sued for and the insurance company's policy, you will appear alone, the Judge will make his ruling, your insurance company will pay it. Again, not unusual.
Your insurance company DID handle it but if they had the final say no one would ever be paid for full damages - every penny the insurance company doesn't pay goes back into their pockets so there would be no incentive to settle for a fair value.
When you are standing before the bench in a room full of Attorneys I would lay off the comments about "At this point, knowing that he's a lawyer ... I realize that I have misinterpreted him as a nice guy" and what his Attorney "probably" told him.
And as far as responsibility - if you came blindly around a van you are responsible for the accident. I'm sure you don't want to hear that but that is how it is - and as far as you were speeding, whatever else is alleged - it's all posturing and probably based on your age and the reputation of under 25 drivers.
Judy-
Thank you for your comments but I did not blindly go around a van. I stopped and inched out. I ended up making a tiny dent on the hinge of his back door which, of course, made it impossible to fix so he had to get a new one. I understand it is still my responsibility because I did hit him, but if he were going the 10 mph limit through the side alley, I'm sure it would have been an even smaller dent.
I am a cautious driver. I may be 21 but I pay for my insurance, my rent, my tuition, everything. I can't afford to be in situations I'm in now. I told him this right after the accident. And it's not like he's old either, he's 25. I was planning on taking money out of my loan to pay him and everything would have been fine. He is the one who wanted to go through the insurance company and now he's pissed that he didn't get what he wanted when I offered it to him right at the beginning. Well screw him.
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Originally Posted by ashann11
I was not criticizing your driving or saying you are irresponsible in any way - I investigate accidents and that's the position I'm coming from. I realize you didn't whip around the van and into the other car; however, even if you inched out you apparently couldn't see him because you did hit him. Therefore, it would be my "professional" opinion that you pulled out without being able to see oncoming traffic. In accidents of this type people confront me with, "What was I supposed to do? Get out and check for oncoming traffic?" And the answer is, "You aren't supposed to pull out if you can't see."
I don't know if you are aware or if it even is worth pursuing but if the van was illegally parked, blocking anyone's view, the driver is partially responsible for the accident. Another question will be the dent in the hinge of his BACK door - I thought this was fender to fender - ?
I don't know why you are so angry with him - you did hit him, he does have damage, he is not required to accept what your insurance company offers. Should he have handled this some other way, sure he should have. Should he be more cooperative, sure he should. Is he scamming you - I don't know. Maybe. But he still has to prove damages in Court. Your side will be that he was speeding through the alley - which will be difficult for you to prove because you didn't see him coming. If he is a few dollars apart from what your insurance company is offering I would be pretty angry with them.
I hear the same defense almost every day, usually involving left hand turns - the person turning claims he/she never saw the other car until impact BUT the other car was speeding.
No matter what happens in Court your insurance company will pay it anyway; I can't imagine any of this will come out of your pocket. I do understand the upset of the possibility of raised insurance rates and that extra cost, I really do, but the circumstances are what they are.
(He is claiming a lot of damage for a tiny dent - what was he driving?)
Ok, if he is suing in small claims court for $2700 then I don't think he's trying to scam you. Its possible the whole door needs replacing and $2700 is not out of line for that much of a repair.
Do you know if he ever had the car inspected by your insurer? Did the court papers include an estimate from a reputable body shop?
I would be very careful with this guy. Did you take any photos of either car or the location where it occurred, him being in the photo? You never said if you contacted your insurance company on this, but that you wanted to pay this out of pocket. Do you have liability insurance on your vehicle? If this is the case, contact them ASAP and let them take care of protecting you. They should be able to settle with him for property damage and any bodily injury claim. There is no reason why you should bare this responsibility if you have liability insurance. Let me know if this helps.
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Originally Posted by insuranceconsult
His company offered less than the other party claims is the dollar amount of the damage - that is why he is asking for advice.
The question is should the other party be forced to accept what the insurance company is willing to pay OR does the other party have the right to take the OP to Small Claims Court for the full amount of the damages - assuming he has proof. That's what I answered.
There is no bodily injury claim.
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