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  1. #1

    Default Rear-Ended, Whiplash Injury Claim

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

    I was involved in a car accident recently. I rear-ended another car. It was a minor impact. That car apparently bumped into the car in front of it. There was some damage to my car. The car that I rear-ended suffered a slight dent. The car in the very front had no visible damage. But the guy in that car says he has whiplash injuries and has medical expenses of about $1500. Based on mine and the middle car guy's explanations, my insurance denied his claim because it is highly unlikely that he can have any injury. Now he's saying he'll take me to small court. My question is should I settle this outside or take it up in court? My insurance has said that they will provide me a lawyer and help me in the trial. If the court decides that I have to pay the claimant, will I have to pay from my pocket or will my insurance pay for it?

  2. #2
    Join Date
    Sep 2010

    Default Re: Rear-Ended, Whiplash Injury Claim

    The insurance company will have to pay up.

    There are two ways it could happen depending on who you insure with and how the policy is written.

    Option A:

    It sounds like this is the most probable option since the company is providing the attorney. In this case the company will take the hit for the payment directly and you won't really have to do much about it.

    Option B:

    This option is that you pay out of pocket for the suit and then file a claim against your own insurance to recover your costs.

    Either way the insurance company pays for it because the court is deciding that the physical injuries were a result of the accident and that your insurance company should have paid for them in the first place.

  3. #3
    Join Date
    Jul 2012

    Default Re: Rear-Ended, Whiplash Injury Claim

    "... will I have to pay from my pocket or will my insurance pay for it? "

    I'd like to think you understand that your insurance company ought to cover the result of any suit, but ... no reason to think you'll have to pay up (unless your insurance company drags its heels on cutting a check if you lose the lawsuit).

    I don't know of CA being a direct-action state, so the driver would sue you. You'd contact your insurer. Whether lawyers are allowed in CA small claims is another item I'm unaware of, so who knows whether your insurer will choose to settle on the small matter of $1500 or not (though presumably dude will want "pain and suffering" on that supposed $1500 medical expense).

    It may be that the guy is just BS-ing. Can't know from here. If you get served with a suit, naturally you contact your insurer.

  4. #4

    Default Re: Rear-Ended, Whiplash Injury Claim

    Thanks for all the replies.

    Based on your feed-backs, I have decided not to settle it out of court. Let the insurance handle it if it comes to court.

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