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  1. #1
    Join Date
    Nov 2010
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    14

    Default Rear-Ended Another Vehicle and Other Driver is Now Claiming Injuries

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

    A few days ago, my husband rear-ended another car at a low speed, resulting in both cars sustaining small dents a-piece. No police report was made at the site, even though my husband called them. The cops did not make a report as neither driver was injured, made both of them exchange their insurance information, and, after doing so, everyone left the scene.

    Fast forward to today, we got an email from the insurance company, stating that the other driver was claiming 'injuries' and asking us to send them detailed pictures of the front, and sides, of our car to 'determine if the impact was such as to cause injuries to the extent that the other party is claiming'. The wording of this email leads me to think that the other driver is probably claiming extensive injury even though physical damage to the car was minor.

    I am really worried now and concerned that this person may be out to get $$$. I fully agree that he may not have felt injured at the site and the symptoms may have risen later, but something about the email scares me.

    My question is: If the insurance company denies his claims, then can this man come after us personally to get money out of our own pockets? Does the fact that no report was filed make a difference? We want to compensate this man for the damage his car sustained and for any injuries that he may have sustained as a result of the accident, but not for more than that. We just want to know the absolute worst case scenario here.

    Please advise. Thank you for your time and help.

  2. #2
    Join Date
    Sep 2010
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    18,926

    Default Re: Rear-Ended Another Vehicle and Other Driver is Now Claiming Injuries

    If he sues you, your insurance company must defend or settle. That's why you have insurance.

  3. #3

    Default Re: Rear-Ended Another Vehicle and Other Driver is Now Claiming Injuries

    I hope you make out well from this "anguish" I am going through (my husband was driving) similar BS!

    Only yours sounds like it's almost impossible for the guy to have gotten injured from the rear-end scratch. The guy walks away with only a scratch on his vehicle- so little damage that he wasn't even concerned about a police report & getting his "car damage" fixed by your husband's insurance-- Only to change his mind & now claim property damage & INJURY?!!

    In our case, the party claiming injury actually had a preexisting injury that could not be an acute injury from being rear-ended either.

    Yes our insurance company is only offering a small fraction of the amount they wanted. It's almost 2 yrs for us- but i'm hoping our insurance company won't inch up the amount before the statue of limitations is up (in our state.)
    Yes, they waited to say they were hurt, but in our case (& i hope in yours also) their greed for $ they don't deserve, is working against them. Even our insurance company called them (& their lawyer) on the pre-existing conditions. They wanted a big amount on our dime (as our insurance rates would go up with a large payout) But as it stands now (almost 2 yrs later) They are really reaping only a fraction of the $ they wanted to get from our insurance company. I'm hoping the amount won't go up much by the end of the statue of limitations period (4 yrs. for my state)

    Sounds like you had even less vehicle damage too than us- AND this person's claims of injury still need to be supported.
    Most insurance companies have medical experts too & can scrutinize his medical records in light of hardly any vehicle damage.
    If they have to pay to protect you (your insurance co) then hopefully it's minimal & the party has to wait a long drawn out time !
    It's sad people try to sue others for BS & greed. I hope you make out ok, & like it never happened!

  4. #4
    Join Date
    Nov 2010
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    14

    Default Re: Rear-Ended Another Vehicle and Other Driver is Now Claiming Injuries

    Thank you, rymfire, for your response. I'm sorry that you are going through the same thing.

    I believe that the statute of limitation in California is 2 years from the date of the injury. Of course, our premiums are going to rise but that is the lesser of the two evils. We just want this nuisance over and done with. I am mainly concerned that he may claim that his injuries - whatever they are - are above policy limits and try to take us to the cleaners for $$$$. I am really worried about how that works. Any idea?

  5. #5
    Join Date
    Oct 2010
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    27

    Default Re: Rear-Ended Another Vehicle and Other Driver is Now Claiming Injuries

    What I would want to know is how did the insurance get your email address? When you exchanged insurance information, his insurance company should have sent a letter to you. Not very professional. No police report? Was it on private property? Let your insurance know this, and they will take care of it. I would give the pictures of the accident to your insurance company and not the "Insurance company" that emailed you.
    I am presently dealing with an excluded driver hitting my daughter from behind and her insurance is handling everything now. We have paid some money out of pocket so far, but our medical bills are going on her unisured motorist. They told me their lawyers investigate everything. I went on a cruscade as to how I should deal with what has happens and it led me to this legal site.
    I also had another daughter in an at fault accident about three years ago. Almost totaled her car, the driver of the other car was so concerned about her and kept saying he was not hurt. Well, low and behold, we get a letter from his lawyer that he was suing because he was "hurt" and if it exceeded the limits the we had on our policy we would have to pay it. Scared me to death, we called our insurance company and they said not to worry uninjured people usually take what the limits are.
    Wait and see how your insurance company handles it and then take it from there. I wish the best for you!

  6. #6

    Default Re: Rear-Ended Another Vehicle and Other Driver is Now Claiming Injuries

    Quote Quoting Anguish
    View Post
    Thank you, rymfire, for your response. I'm sorry that you are going through the same thing.

    I believe that the statute of limitation in California is 2 years from the date of the injury. Of course, our premiums are going to rise but that is the lesser of the two evils. We just want this nuisance over and done with. I am mainly concerned that he may claim that his injuries - whatever they are - are above policy limits and try to take us to the cleaners for $$$$. I am really worried about how that works. Any idea?
    Well, you don't know the injuries to "the extent the other party is claiming" yet but they may be soo preposterous in comparison to his car's damage. If your auto insurance has wise & experienced claim adjusters that don't just let everyone take advantage of such a situation - bc they do not believe your accident caused such & such injuries- well you will probably get a copy of any negotiation your insurance company does with the victim.
    In our case, they had a lawyer & it took 13 months before i could breathe a sigh of relief. Our insurance company had found her to have the so-called injury prior to the date of the accident.
    So it's true, "uninjured people accept the policy limits."
    In our case, they ask for the limit of 100k. I too was made aware by our insur. co that we could be liable for amounts exceeding that.
    Good news so far,. They've been negotiating back & forth for a year & the person still has to pay their medicals of 8k. But our insurance company has offered up to 14k. So, since this person has a lawyer to pay & all- it hardly must seem worth the trouble (ya think?) !!!

    I really doubt that this person sustained any injury fro what you described. But he can still fake the ol' "whiplash" hit from the rear BS. Insurance companies generally pay just to protect you even if it's minimal rather than look like they didn't represent your interests.

    But in your case, i really think if you have at least 20k on your policy limit, you shouldn't worry about it.

  7. #7
    Join Date
    Nov 2010
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    14

    Default Re: Rear-Ended Another Vehicle and Other Driver is Now Claiming Injuries

    Quote Quoting Unaware
    View Post
    What I would want to know is how did the insurance get your email address? When you exchanged insurance information, his insurance company should have sent a letter to you. Not very professional. No police report? Was it on private property? Let your insurance know this, and they will take care of it. I would give the pictures of the accident to your insurance company and not the "Insurance company" that emailed you.
    I am presently dealing with an excluded driver hitting my daughter from behind and her insurance is handling everything now. We have paid some money out of pocket so far, but our medical bills are going on her unisured motorist. They told me their lawyers investigate everything. I went on a cruscade as to how I should deal with what has happens and it led me to this legal site.
    I also had another daughter in an at fault accident about three years ago. Almost totaled her car, the driver of the other car was so concerned about her and kept saying he was not hurt. Well, low and behold, we get a letter from his lawyer that he was suing because he was "hurt" and if it exceeded the limits the we had on our policy we would have to pay it. Scared me to death, we called our insurance company and they said not to worry uninjured people usually take what the limits are.
    Wait and see how your insurance company handles it and then take it from there. I wish the best for you!
    Hi,

    The email was from *our* insurance company, not the other driver's. The accident was on a city road, not private property. We have emailed all the pics to our company, and are now in the waiting game to see where he (other driver) is going to go next. We know that my husband was at fault and we're not so cold-blooded that we don't want to accept responsibility for any damages that we have caused, we do. We want his car fixed and pay his bills for any GENUINE injury resulting from this accident. My husband asked him FIVE times and the police asked him once if he was injured and he was pretty clear that he was fine. In fact, he said he was more concerned about my husband since he (husband) did not look too good! Then, he drove away without even insisting on a police report. So, we're sitting here thinking how or why he is now claims 'injuries' to 'the extent' that our insurance company wants pictures!

    This is why we feel that he (my husband) may have made a mistake in not insisting on a police report that clearly stated what the damages were - minor dents to both cars with no injury to either driver.

    BTW, Unaware, could you tell me what happened to your daughter's case? Did the other driver accept policy limits? Our limit is rather high (300K) and we're thinking that this may have made him greedy when he found it out. And a huge payout may well render us un-insurable in the future - that is my biggest fear. We don't really have any assets to worry about except for his paycheck, so my main fear is being kicked off our insurance policy and being unable to buy one just in case he won a large settlement.

    Quote Quoting rymfire4
    View Post
    Well, you don't know the injuries to "the extent the other party is claiming" yet but they may be soo preposterous in comparison to his car's damage. If your auto insurance has wise & experienced claim adjusters that don't just let everyone take advantage of such a situation - bc they do not believe your accident caused such & such injuries- well you will probably get a copy of any negotiation your insurance company does with the victim.
    In our case, they had a lawyer & it took 13 months before i could breathe a sigh of relief. Our insurance company had found her to have the so-called injury prior to the date of the accident.
    So it's true, "uninjured people accept the policy limits."
    In our case, they ask for the limit of 100k. I too was made aware by our insur. co that we could be liable for amounts exceeding that.
    Good news so far,. They've been negotiating back & forth for a year & the person still has to pay their medicals of 8k. But our insurance company has offered up to 14k. So, since this person has a lawyer to pay & all- it hardly must seem worth the trouble (ya think?) !!!

    I really doubt that this person sustained any injury fro what you described. But he can still fake the ol' "whiplash" hit from the rear BS. Insurance companies generally pay just to protect you even if it's minimal rather than look like they didn't represent your interests.

    But in your case, i really think if you have at least 20k on your policy limit, you shouldn't worry about it.
    My God, my heart goes out to you. This must be creating so much trauma, especially since it is so long drawn out!!!!

    Our limit is 300K, which is my biggest fear. That he may claim upto this amount by pulling the 'whiplash from rear' BS. All I'm thinking is that only God can fix this now. Handle with prayer and wait to see how this pans out from this point on.

    Hope your agony comes to an end soon. If your statute of limitations is 4 years, then how much longer do you have to deal with this ordeal?

  8. #8

    Default Re: Rear-Ended Another Vehicle and Other Driver is Now Claiming Injuries

    Yes, thank you, we will be fine. The longer it takes to settle, the closer to ending a 36 month background check for new auto insurance (in case the premiums with the current co. become too high)

    I was reading this thread again & noticed how his insurance company "e-mailed you" Did you say u gave your e-mail address too when you exchanged information with other driver? And i agree with what 'unaware' said about submitting photos & info to your insurance company only & not the other party's.

    It should be between the insurance companies to work it out.

    But even the best case of whiplash or whiplash complications is about $25k, according to a particular commercial (with an ambulance chaser) about it on TV!

  9. #9
    Join Date
    Nov 2010
    Posts
    14

    Default Re: Rear-Ended Another Vehicle and Other Driver is Now Claiming Injuries

    Quote Quoting rymfire4
    View Post
    I was reading this thread again & noticed how his insurance company "e-mailed you" Did you say u gave your e-mail address too when you exchanged information with other driver? And i agree with what 'unaware' said about submitting photos & info to your insurance company only & not the other party's.

    It should be between the insurance companies to work it out.

    But even the best case of whiplash or whiplash complications is about $25k, according to a particular commercial (with an ambulance chaser) about it on TV!
    Hi,

    No, OUR insurance company emailed us, telling us that in addition to car damage, he is also seeking payment for his 'injuries'. It was like a bolt from the blue. We had ASSumed that insurance would pay to fix his car while we'd fix our own car (to minimize premium hike). So, hearing that he is now claiming 'injury' caused us to really become worried and scared.

    If you don't mind, then could you share by how much your premiums went up???

    Thanks!

  10. #10
    Join Date
    Oct 2010
    Posts
    27

    Default Re: Rear-Ended Another Vehicle and Other Driver is Now Claiming Injuries

    Anguish, I think when my other daughter had her at fault accident our limit was around 30,000. He settled for that but his lawyer got around 40%. So I guess he figured a little over 15,000 was not bad for a dent on his vehicle. I do know that many feel the after affects the next day, but in many cases its a good way to make fast money. That is why insurance is so high. If he hires a lawyer to get the 300,000 then I know the insurance company you have WILL see if he is deserving of it. But, believe it or not my insurance did not go up at all because of the accident. I was really waiting for them to cancel us, too. I know the suit is over because I called to find out about it and it was over within a 6 month period. When my daughter got married the wreck carried over to her husbands insurance because it was on her record not my husbands. I misunderstood your question when you received the email.......I thought it was from the other man's insurance company. That scared me.

    But, my daughter that was reared by the excluded driver is not over. She was sent to the hospital right away and is still seeing a dr twice a week. Next week should be the last of her treatmentss The accident happened at the end of Sept. The unisured motorist she carries only covers 5,000 for medical bills. If her medical bills exceed that, then we have to file a suit in small claims court. I have never done that, but I cannot let someone get away with doing that. We may not see the money we spent for a couple of years.

    If you have pictures and the dents are very minor, I do not think your insurance company will let them have the 300,000. If your husband has a good driving record, I would not worry. But that is easier said then done. I think everything we work out fine.

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