Bogus Bodily Injury Claim

[BenD]

My question involves an injury that occurred in the state of: CA

Hi all,

About three months ago, I was involved in a 3 car collision in which I was the lone driver in the rear position (#3). My car collided with the middle position car (#2) and supposedly, that car collided with the vehicle in front of them (#1). There were two people in car #2 and four people in car #1.

The whole accident occurred when all our cars were stacked at a shopping lot traffic light, ready to pull out left onto the road. Upon the green light, both cars proceeded to pull out and I followed suit. Not too far from the intersection of our original stopped position did I collide with car #2. The speed limit there is 35 and the citation I received for no-liability noted approx. speed at 35. Also, I was going relatively slow because the collision occurred about four car lengths from the original stopped position. This is how the accident occurred: As I was turning left onto traffic, as the other vehicles, I momentarily (literally one second) took my eyes off in front of me (as I noticed a broken down car on the right side shoulder). Unfortunately, literally a second later, as I turned my head towards in front of me, I immediately collided with the car in front of me; no time for reaction, etc. Fortunately, my seat belt held me in place. Couple ambulances showed up as well as the LAPD. I told the officer what happened and he gave me a citation for no proof of liability insurance. I thought I had insurance at the time but it looks like after looking at my bank statements, I hadn't made a payment for the current month and the insurer had cancelled my policy 20 days prior to the accident. Not that this really matters, but I HONESTLY thought I had paid my insurance premium (month to month); this was not a willful act, but a simple forgetting to pay the bill. But, unfortunately, it looks like reality doesn't care. As far as property damage, vehicle #2 sustained rear bumper damage and supposedly, some in the front when it "tapped" the vehicle in front of it. Vehicle #1 (relative late model Japanese mid size passenger car) was literally almost non-existent as I only saw a black streak on the bumper; not even an indentation. I was sent a letter from vehicle #1's insurer that I was the proximate cause and wanted compensation for the repair to the rear bumper; approximately $500. They had indicated that the occupants of vehicle #1 had obtained an attorney; why??? You can't get any less of a fender bender cost than $500 so this obviously was the most minimum you can get; in fact, anything less than $750 is not even reportable to DMV. Now, they've obtained an attorney and for what? When I contacted their insurer, they informed me that the property damage was such and such and that they have not gotten figures for bodily injury yet!!! I said what bodily injury? They were all fine. All the occupants were out of their vehicle and were calmly standing at the median. No complaint, or signs of distress. There were two ambulances called and they did not seek any service. Even the police report I obtained from one of the parties involved showed 'NO INJURY". And that includes the other party as well, so I can't understand why they are claiming to their insurer for this. If any was injured, it would have been me and I didn't think it was necessary and declined to be transported to the hospital by ambulance. Incidentally, as I was providing my insurance info. and license to the parties, vehicle #1 driver snugged off my request for insurance info. and license info. At the time, I didn't demand as I saw his, if any damages were very minor and I didn't think any of it as I was more dazed and traumatized from the incident. Vehicle #2's occupant was hopping up and down at the officers that I didn't have current insurance info. and this even upset the officer enough to demand that he calm down. Anyway, after our vehicles were towed, I was contacted by the parties insurer/attorneys for a statement as to what happened. I told them the same thing here as described. About three months later, I received the letters demanding payment for the property damage. Incidentally, the vehicle I hit (#2) was a late model expensive European vehicle. Their property damage was approximated at $8000+. When I contacted this attorney, they told me that I needed to pay the $8000 and that they are still waiting on the bodily injury. Here's the supposedly bodily injury again! Incidentally, she indicated that she was authorized to accept 80% of bill including BI as she indicated that the police report was inconclusive. She is representing the insurance co. that has already paid out the property damage estimates to the insured. I've looked at the police report and it indicates that prior to the accident, I was "inattentive and moving" and the other two parties were "stopped". So, why would this attorney concede to inconclusiveness and ready to possibly accept 80%? I'd like to contact the other parties directly, unfortunately, I no longer have their contact info. Is this something I can get from the police? I noticed that the contact info that the attorney sent me had this info. but the addresses were blacked out. Don't I have a right to have their info. as they have mine? If I request the police report, will the addresses on their also be blacked out? I realize due to not being vigilant about paying my premiums, I am in this severe predicament, but I know this whole bodily injury is a scam to get money!!! Can anyone tell me how to combat this or am I SOL? I've seen articles on this bodily injury claims and are refer to as "phantom" injuries or "soft tissue" and are hard case to prove that they don't suffer some sort of injury. Is the onus on them or me to prove/disprove the medical injury? I know if they had to take a lie detector test, they would fail miserably and would not make any bodily injury claim; is there any way I could have them do this? They haven't sued me yet, but if they took me to court, what can I do if any and what would be the likely scenario? How do I negotiate? What is the best thing I can/should do? Thanks!

[gigirle]

Okay, Ive riffled thru it. Your upset and thats understandable. The problem is that a) the accident was all your fault and 2) you were not insured. You are going to be on the hook for the damages as well as their medical claims. Your SOL as far as that goes. If they are making a medical claim, they have bills. They could have woke up 2 days later and unable to get out of bed due to injury and your on the hook. Its going to be difficult for you to disprove a physician's statement. You also have no right to question the extent of their injury, pain is subjective data, meaning that it can't be observed, you have to take their word for it. Even if they made it all up, every single injury claim, you caused the accident and are therefore liable. They are likely waiting to sue you to determine the cost of the incident on them.

If they take you to court, hire an attorney in order for you to get the best deal and to negotiate. This isn't something you should do on your own. Had you had insurance, the insurance companies lawyer would be doing all of this for you.

What was the disposition with your ticket?

[BenD]

Okay, Ive riffled thru it. Your upset and thats understandable. The problem is that a) the accident was all your fault and 2) you were not insured. You are going to be on the hook for the damages as well as their medical claims. Your SOL as far as that goes. If they are making a medical claim, they have bills. They could have woke up 2 days later and unable to get out of bed due to injury and your on the hook. Its going to be difficult for you to disprove a physician's statement. You also have no right to question the extent of their injury, pain is subjective data, meaning that it can't be observed, you have to take their word for it. Even if they made it all up, every single injury claim, you caused the accident and are therefore liable. They are likely waiting to sue you to determine the cost of the incident on them.

If they take you to court, hire an attorney in order for you to get the best deal and to negotiate. This isn't something you should do on your own. Had you had insurance, the insurance companies lawyer would be doing all of this for you.

What was the disposition with your ticket?

Sorry, if what I wrote was hard on the eyes, but I'm under considerable stress and wanted to quickly but comprehensively explain everything. I realize this is my predicament because I didn't have liability insurance at the time but that doesn't give anyone right to take advantage of some one, via false bodily injury claims. If what you're saying is the reality, we live in a sick world and it's basically open season to take people to the cleaners if you get hit. Many years ago, my mother was rear ended and because we were good and honest people, did not make any bodily injury claims. Disposition of ticket? Not sure what you mean by disposition, but I just paid the fine. I don't think there is a grey area when it comes to having liability insurance; either you had it or you didn't. I suppose you could go to court and ask the judge for a less of a fine but unfortunately, I have moved out of state and wanted to leave as much of this behind me. Look, I'm not disputing that I have to pay for the property damage as I rear ended the vehicle in front of me, but that's spilled milk. I just don't want to be unfairly taken advantage of. I tried recently to consult a lawyer through the bar association and the guy told me that first, if you can't afford to insure yourself, are you even going to be able to pay for an attorney; at the minimum going to cost me $3000+ and secondly, I haven't been served yet. I have no money,etc. and currently I am unemployed. I think I've seen on the web that the victims can have the DMV suspend my license. Is that true and if so, is there anything I can do to prevent it? Incidentally, it'll make it worse for them as why would you want to it harder for someone to use the vehicle to earn money that they are after in the first place? Anyway, what can I do to make the most of the situation?

[gigirle]

I realize this is my predicament because I didn't have liability insurance at the time

Okay, for the record, let me say that NO insurance company just cuts off your insurance without notifying you in writing. You the customer is their bread and butter. I'd also be willing to go out on a limb and say they notified you AT LEAST once and likely more. Your also a grown man and come on, you thought you paid it? Insurance is looked at by a lot of people as a PIA that they really don't need and they take it for granted. The reason the laws are so stiff for this, is because people who were actually hurt, were SOL when they got hit by an uninsured driver.

Have you for once put yourself in the shoes of the guy you hit who's damage was 8000+? He works his butt off to earn himself a nice car and some guy who's too irresponsible to keep up with HIS premiums hits him. He now, to get his car fixed, likely has to file a claim with HIS own insurance company therefore causing HIS premiums to go up. Where is the fairness in that? You should be more grateful that you didn't kill someone.

but that doesn't give anyone right to take advantage of some one, via false bodily injury claims

What PROOF do you have that someone wasn't hurt? Do you realize that by saying what your saying, you can also be sued for slander? Just because someone didn't go to the hospital or was carted off by ambulance, doesn't mean they weren't hurt. Why do you keep calling it BOGUS? The only thing that its doing for you is giving people the distinct impression that you are not taking responsiblity for your actions.

So, I was puzzled as to why someone would immediately obtain an attorney on a $500 property damage and make bodily injury claims?

For the same reason millions of people do it. To get money! Are you a autobody repair person by trade? I will tell you this and I don't live in CA, but I hear its much more expensive than cold Ohio, but how did you rear end someone and do only 500 in damage and then that car caused 8000 dollars? I believe your 500 estimate is WAY off.

Not sure what you mean by disposition, but I just paid the fine. I don't think there is a grey area when it comes to having liability insurance; either you had it or you didn't

I was asking this to see if your license was suspended, bc by law in CA, your license can be suspended, I'll be surprised if it doesn't.

You were totally out of line with the last post. You were given good legal advice by VOLUNTEERS and you resort to name calling. You attacked a responder to a question that you asked. Just bc you didn't want to hear it, doesn't make it wrong or bad advice. Grow up and pay your bills on time and you won't end up on an internet forum begging for help! (doesn't feel good now does it?)

I will also say this again...PARAGRAPHS ARE YOUR FRIENDS! PLEASE LEARN HOW TO USE THEM!