My question involves an injury that occurred in the state of: Missouri
Long story short, I was in an accident with someone who did not have insurance. It was my fault. At the scene of the accident, she told the cops that she was OK and refused medical treatment and went home with whoever picked her up at the scene and did not go to the hospital. Now she is suing me for medical bills. But if she didn't go to the hospital immediately after the accident, then how can my insurance company be sure the injuries she claims to have are from the accident and not from something else? This seems like a completely bogus lawsuit. She had no insurance, drove an old beat up car, and was living in a trailer park at the time of the accident, I think she's just out to get money.
Also, this accident was 2 years ago. I have since changed insurance companies, but I assume that my old insurance company who insured me at the time of the accident is still required to represent me?
Sued by Someone Who Declined Medical Help at Scene
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02-01-2011, 07:08 AMt325Sued by Someone Who Declined Medical Help at Scene
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02-01-2011, 07:35 AMDaveJamesRe: Sued by Someone Who Declined Medical Help at Scene
Two years ago and she is just going to the hospital for the accident now.
I have a feeling you will win. That's a long time for someone to seek medical help from an accident but if its withing the statutes, she does have a valid case if .
Having no insurance, driving a beat up car, and living in a trailer does not mean she wasn't hurt though so be careful about disrespecting people like that. You'll come off snobbish and that can easily sway opinions against you like maybe you are not telling us the whole story.
Contact that old insurance company immediately but they should know already because you reported the accident to them when it happened; right ? Things could reverse and the old company can say "hey why are you just reporting this accident now it happened two years ago".
I am sure though you didn't decline to file a report with your old insurance company. -
02-01-2011, 07:39 AMt325Re: Sued by Someone Who Declined Medical Help at SceneThanks. I didn't mean to say that to be disrespectful or snobbish. I just have a feeling that given her financial situation and the fact it's been 2 years that something fishy is going on. There's nothing more to the story than that. The accident was my fault and I'm not arguing that point.Quote:
Quoting DaveJames
And yes, I contacted my old insurance company immediately after the accident and they repaired my car (and probably totaled hers I would imagine). So they're well aware of it. I'll be contacting them again to report the suit. Thanks -
02-01-2011, 08:30 AMDaveJamesRe: Sued by Someone Who Declined Medical Help at Scene
Let me ask.
Do you know the date in which she first sought medical help and what is she saying is wrong with her.
Ruptured disk, fractured vertebra, muscle spasms, or the works.
Injuries do manifest themselves later on that's the reason for a 2 to 3 year statute and you are not alone with this happening to you. Your ins co. will get doctors reports and what not.
Did she just file a claim or did she hire an attorney or start small claims court proceedings. I am sure she has to make a demand to you or your insurance company before starting a law suit.
I got bit by a dog 3 yrs ago. It was friendly and decided to latch onto my arm while I was hiking. Although it didn't break the skin, it hurt the bone pretty good. I don't know if I am imagining things but when I press my finger on the area there is still a hot spot there. I toughed it out and forgot about it and climbed the mountain. Its strange the way pain manifests its self. -
02-01-2011, 08:32 AMt325Re: Sued by Someone Who Declined Medical Help at Scene
No, I don't know any of those details.
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02-01-2011, 08:37 AMjkRe: Sued by Someone Who Declined Medical Help at Scenethose are all important. If she did not seek medical attention within a relatively short time after the accident and obtain some diagnoses, her suit will likely go nowhere. If she did seek medical attention and can document injuries, you will likely lose. How much is determined by the damages.Quote:
Quoting t325
Just because a person appeared to be fine at the scene of the accident does not mean there were no injuries. It simply meant they did not feel immediate attention was needed or simply was not aware of an injury. Injuries such as whiplash and other muscle strain injuries generally do not cause any pain until the following day, or even later. -
02-01-2011, 08:38 AMt325Re: Sued by Someone Who Declined Medical Help at SceneHmm, makes sense. Why would it be 2 years after the accident until I heard something? Could she have been fighting it out with my insurance company this entire time without me knowing?Quote:
Quoting jk
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02-01-2011, 08:44 AMjkRe: Sued by Someone Who Declined Medical Help at SceneIt's unusual that you wouldn't know anything but in itself, does not change her right to make a claim. I suspect the statute of limitations to file a suit is 2 years so that is probably why you heard something now. You do mention you changed insurance companies. If she made a claim after you dropped them, it may have been as simple as it didn't involve you and they felt no need to contact you.Quote:
Quoting t325
When you contact your former insurance company, you might ask them if they were aware there were injuries and if they have had dealings with this person over the 2 year period.
You also want to know from them if this person signed any type of release for personal injury. If the insurance company made a payment prior, they would likely have required a release of future claims. If there was such a release, it is all the defense you need. -
02-01-2011, 09:22 AMDaveJamesRe: Sued by Someone Who Declined Medical Help at Scene
I would definitely call them to see if she is claiming more than your policy covers.
Can the insurance company pay out a settlement and only have the person sign a release protecting themselves (the insurance co.) and thus allowing the injured to go after the fault driver for extra? If you dropped them, maybe they don't car about you to make sure you are covered in a release (not sure if this is bad faith though).
If you dropped them or not and fault has been established, your insurance really needs nothing more from you than your statement maybe and too see your car..
Now are you getting sued personally and have you specifically been served a summons? -
02-03-2011, 06:43 AMSChinFChinRe: Sued by Someone Who Declined Medical Help at SceneI had an accident a few years back like this in NY.Quote:
Quoting t325
A bicyclist went through a red light, I had the the right of way, and he landed on my hood. Long story short, the police was called, took a report, and the police insisted on calling an ambulance, but the injured byclist refused to go on it, and he had to sign some kind of release.
No damage to my car, but I had an insurance agent, and she sent me the paperwork for entering a claim. I said "what claim, the bycylist declined treatment and signed a release"?? My agent was insistent on setting up the claim, and went ahead to obtain the police report for her file.
My agent went on to explain some injured parties would wake up a year or two later, and decide to file a claim, say, when they lose their job. However, the rules are if the claim is NOT filed in 30 days, it would be denied anyway. The fact that she set up the file is for my benefit, to note for the record that I reported the accident on a timely basis, within 30 days of the accident as required.
If you had your car fixed, no doubt a claim was filed then, and I beleive you should be OK.