MovingTarget
Diamond Member
- Jun 22, 2003
- 9,001
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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.