Hi there superbrutus,
I am not a lawyer- but as a nurse & victim of a similar situation - I would not accept my insurance company paying out even the 100k to someone with such little vehicle damage.
Did you speak to your insurance adjuster about if their medical experts investigated this woman's medical history THOROUGHLY?
True, there are some "egg-shell" sensitive conditions one can have that a liable would be legally responsible for in an accident- but rare. Very rare.
My husband rear-ended 2 cars in front (2nd car barely scraped the 1st) at 25 mph when he couldn't stop in time for a couple of cars at a yield sign due to the sun glare.
The 1st car driver the policeman even chuckled at when writing my husband the ticket- bc she was 300lbs. & needed 6 paramedics to put her on a gurney. This is after she called her husband on her cell. She had no problem using her cell, but when the husband & ambulance came, her neck all of a sudden "froze!"
This is just the 1st one. Anyway, she gets a lawyer & they want 100k (policy limit of course) Turns out she had a preexisting condition of her neck (C3-C4 bulge) which is common in obese individuals. My insurance company caught that. They are up to 14k (which would include the lawyer's fee & her medicals) So much for her C3-C4 bulge & the rest of the medical expenses related to her diagnoses & treatment. It was not caused by the scraped bumper accident!
The middle car we had to wait to hear. Her lawyer made sure she went to a doctor that he recommended.
She also was caught exaggerating her preexisting injuries. She had initially seen the same chiropractor she saw prior to the accident. They were looking for 100k plus I received a letter from my insurance at 1st, that the lawyer was claiming her claim was to be worth 600k! The woman didn't even work & have lost wages!
Well, her lumbar/ sacral disc bulge is NOT an acute injury. A fresh herniation would be on MRI- but that is not her case. Plus rear-ended at 25mph - plenty of people (including my husband at 40mph) took a hit once AND walked away easily! They are being offered 14k also. I don't think the lawyer knew about her pre-existing degenerative disc disease treatment prior.
So, make sure if your insurance doesn't thoroughly scrutinize their medical records- that you do get yourself a lawyer that will.
I hope your insurance company can determine if the woman is exaggerating a pre-existing injury & took advantage of the situation for getting surgery now.
Good luck. I don't think anyone should be liable for the a person needing surgery from a minor accident. And doctors are not going to say to anyone NOT to have surgery- if they can justify a reason for the pt's surgery. There are conservative treatments to be considered, another doctor may recommend. But of course, it's too late to undo her charges for surgery.
But if it can be determined that it was not caused by your accident- in reality - your insurance may have to scrutinize her medical records.
Not knowing exactly what injury & surgery she needed, I cannot say what your insurance company will determine.
I know I would find out & make sure of why I would be liable for the woman having or even really needing surgery due to a minor hit. People can be ugly for $, including the lawyer of course, so be careful!
Good luck!

