I'm getting sued?

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MovingTarget

Diamond Member
Jun 22, 2003
9,001
113
106
It's likely fraud, but not b/c she ran out of crack. Fraud like this takes planning and isn't something you just do spur of the moment.

Let's see:
Sudden stop at intersection for no reason
Minimal damage to her vehicle
Minimal damage to your vehicle
She doesn't exit the vehicle to inspect
Lawsuit after a year

I would bet that she has been seeing a chiropractor on and off for over a year milking a "whiplash" claim.

Take the lawsuit to your insurer and they should handle it from there. Be sure to ask the claims adjustor if she had previously filed a BI claim against you. If not I'd bet your insurance denies immediately and moves to dismiss. In most jurisdictions a claimant has to notify the insurer 'in a timely fashion' so that the insurer can adequately investigate. By waiting she may have compromised your representative's ability to do a thorough and timely investigation and mitigate the losses to you.

If she did file a claim, she can pretty much disappear until the statute of limitations is close to running out. In that case your insurer will look at her bills and records and determine if she's owed anything.

I'd bet that somewhere in her chiro records she's complaining of lumbar pain. I can tell you that it's 99.9% physically impossible to get a lumbar injury from a low-speed rear-ender. That's another big sign of fraud.


This. I've had this exact situation happen to me once. Minimal damage to the other vehicle (Ugh, a Jaguar, too..) and none to mine (Caprice==tank). We both got out, spoke well, nobody seemed injured - but a year later, I'm being sued for ungodly amounts of $$.

Refer that letter to your insurance company ASAP.
 

sactoking

Diamond Member
Sep 24, 2007
7,547
2,759
136
They have no case if everything is as you said.


But who knows... I sued this person a few years ago for a hit n run on my 2 day old 2005 civic. had 100% proof that it was their car but I lost because I didn't see who was driving the car... so anything can happen w\ lawsuits I guess.

So, if you're in texas... feel free to do $3k damage to somebodies car and drive off with no repercussions.

Damn Texas. Pretty much any other place and the owner would have vicarious liability since it was their car. The burden of proof would be on them to show that the vehicle was not being driven permissibly.
 

olds

Elite Member
Mar 3, 2000
50,061
720
126
If she didn't exit the vehicle, how did she put the bumper in her back seat?
 

yh125d

Diamond Member
Dec 23, 2006
6,907
0
76
I honestly didnt know you had curfews there.

These are proper curfews? What happens if you break one?

Like a $20 ticket or something. Its only for minors, and doesn't apply if you're late cause of a sporting event or something, or with a family member


In OK, our GDL (graduated drivers license) for those under 18 has a driving curfew too, as well as a couple other limitations
 

Newbian

Lifer
Aug 24, 2008
24,782
845
126
That's what you get for rear ending a poor girl and getting her pregnant.
 

TecHNooB

Diamond Member
Sep 10, 2005
7,460
1
76
hopefully the police report says something about her stopping in the intersection. did the police say you or she was at fault?
 

mrjminer

Platinum Member
Dec 2, 2005
2,739
16
76
hopefully the police report says something about her stopping in the intersection. did the police say you or she was at fault?

Any time you rear end someone it's always your fault in the eyes of the law/insurance companies.
--
You should definitely get the information to your insurance agency. Also, $4k is a pretty low number for any injury that could have occurred. Maybe she's been dealing with your insurance for a while, but they decided not to pay?
 

Uppsala9496

Diamond Member
Nov 2, 2001
5,272
19
81
It's likely fraud, but not b/c she ran out of crack. Fraud like this takes planning and isn't something you just do spur of the moment.

Let's see:
Sudden stop at intersection for no reason
Minimal damage to her vehicle
Minimal damage to your vehicle
She doesn't exit the vehicle to inspect
Lawsuit after a year

I would bet that she has been seeing a chiropractor on and off for over a year milking a "whiplash" claim.

Take the lawsuit to your insurer and they should handle it from there. Be sure to ask the claims adjustor if she had previously filed a BI claim against you. If not I'd bet your insurance denies immediately and moves to dismiss. In most jurisdictions a claimant has to notify the insurer 'in a timely fashion' so that the insurer can adequately investigate. By waiting she may have compromised your representative's ability to do a thorough and timely investigation and mitigate the losses to you.

If she did file a claim, she can pretty much disappear until the statute of limitations is close to running out. In that case your insurer will look at her bills and records and determine if she's owed anything.

I'd bet that somewhere in her chiro records she's complaining of lumbar pain. I can tell you that it's 99.9% physically impossible to get a lumbar injury from a low-speed rear-ender. That's another big sign of fraud.

In the state of Illinois, you have 3 years for bodily injury in an auto accident.
 
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