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  1. #1
    Join Date
    Nov 2017
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    2

    Default Injury Claim After a Traffic Accident

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

    Back on July 7th I was in an accident in the middle of a highway. A driver 100 yards or more ahead of me jumped out of the way at the last second to reveal traffic was at a dead stop. It took a few seconds for me to realize, and then my brakes didn't do enough to stop me in time. I ended up rear-ending the other car, which was a rental, and totalling my car. The damage done to the other car was minimal, a few scuffs and a displaced plastic panel. Not even a dent. The driver was fine as well, she was out of her car walking around and ordering me to move my car off the road (which was absolutely impossible). She even let me sit in her car and make calls, she vocally said that the accident was not my fault after I told her what happened. Now four months later she is trying to claim a lawsuit for hospital and ambulance costs more than $25k (my insurance coverage), when there was no way she had more than whiplash. What should I do?

  2. #2
    Join Date
    Oct 2016
    Posts
    1,116

    Default Re: Traffic Accident

    Hopefully you reported the accident to your insurance company at the time. Did you?

    If you have been served with legal papers you must contact your insurance company immediately and let them know. They will give you instructions and will be defending you if you are being sued - that's why you have insurance. Very often the extent of an injury does not become apparent until well after the accident, so your evaluation of the other driver's condition means nothing.

    By the way, based upon what you have said the collision was your fault. It's difficult to believe that your car was totalled yet the car you struck had not even a dent.

  3. #3
    Join Date
    Jan 2010
    Location
    New Jersey
    Posts
    3,655

    Default Re: Crash

    Quote Quoting Vengerid
    View Post
    Back on July 7th I was in an accident in the middle of a highway. A driver 100 yards or more ahead of me jumped out of the way at the last second to reveal traffic was at a dead stop.
    The guy that was in front of you must have taken a "defensive driving course" because he left himself a way-out. Good for him.
    Quote Quoting Vengerid
    View Post
    It took a few seconds for me to realize, and then my brakes didn't do enough to stop me in time.
    I'm sure your brakes worked just fine and it was your speeding and or not paying attention that was the fault of the accident.
    Quote Quoting Vengerid
    View Post
    I ended up rear-ending the other car, which was a rental, and totalling my car. The damage done to the other car was minimal, a few scuffs and a displaced plastic panel. Not even a dent. The driver was fine as well, she was out of her car walking around and ordering me to move my car off the road (which was absolutely impossible). She even let me sit in her car and make calls, she vocally said that the accident was not my fault after I told her what happened.
    She was wrong, you are 100% at-fault for this accident PERIOD
    Quote Quoting Vengerid
    View Post
    Now four months later she is trying to claim a lawsuit for hospital and ambulance costs more than $25k (my insurance coverage), when there was no way she had more than whiplash. What should I do?
    If she is suing for $25,000 and your policy limit is $25,000 then sit back and let your insurance company handle the claim.
    I'm not a lawyer, but I did stay at a Holiday Inn Express last night.......

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Crash

    If her ambulance costs and medical bills resulting from the accident, of themselves, exceed $25K, then your assessment of her injuries was not correct. If she is claiming more than $25K in medical costs, and her claim is not correct, your insurance company will not become confused. They'll want to see actual treatment records and bills.

    It is a good idea to carry adequate insurance to protect you from injury claims, rather than carrying the rock bottom minimum.

  5. #5
    Join Date
    Nov 2017
    Posts
    2

    Default Re: Injury Claim After a Traffic Accident

    Quote Quoting Highwayman
    View Post
    Hopefully you reported the accident to your insurance company at the time. Did you?

    If you have been served with legal papers you must contact your insurance company immediately and let them know. They will give you instructions and will be defending you if you are being sued - that's why you have insurance. Very often the extent of an injury does not become apparent until well after the accident, so your evaluation of the other driver's condition means nothing.

    By the way, based upon what you have said the collision was your fault. It's difficult to believe that your car was totalled yet the car you struck had not even a dent.
    I have not been served legal papers, this information was brought to me by my insurance. And I understand that it's hard to believe, but I have multiple witnesses to say the same about the damage.

    Quote Quoting Who'sThatGuy
    View Post
    The guy that was in front of you must have taken a "defensive driving course" because he left himself a way-out. Good for him.

    I'm sure your brakes worked just fine and it was your speeding and or not paying attention that was the fault of the accident.

    She was wrong, you are 100% at-fault for this accident PERIOD

    If she is suing for $25,000 and your policy limit is $25,000 then sit back and let your insurance company handle the claim.
    I was paying full attention, I never text and drive and set up my vehicles to be hands-free. As for your assumption that I was speeding, I was going BELOW the speed limit by 5-10 mph. I understand that by law I am at fault, but I'm not looking for accusations; I'm just asking for help in terms of what I should do. I've never been in this situation and I'm scared.

  6. #6
    Join Date
    Jan 2010
    Location
    New Jersey
    Posts
    3,655

    Default Re: Injury Claim After a Traffic Accident

    Quote Quoting Vengerid
    View Post
    I was paying full attention, I never text and drive and set up my vehicles to be hands-free. As for your assumption that I was speeding, I was going BELOW the speed limit by 5-10 mph. I understand that by law I am at fault, but I'm not looking for accusations; I'm just asking for help in terms of what I should do. I've never been in this situation and I'm scared.
    You were 100 yards behind someone and still managed to slam into them from behind. Can you explain to me how you managed to do that if your attention was 100% focused on the roadway and you weren't speeding?
    On a dry road with good brakes with your vehicle trailing 55 mph, your vehicle will skid approximately 170' (156 yards) before coming to a full stop. You traveled a football field before a vehicle that was stopped in from of you, brought you to a stop.
    But like I said above, if they are only claiming up to your policy limit, sit back and let your insurance company do what you pay them for. If you are being sued for more then your policy limit, then come back here and we can give you more information to help you out, but for now it sounds like you're fine.
    I'm not a lawyer, but I did stay at a Holiday Inn Express last night.......

  7. #7
    Join Date
    Jun 2014
    Posts
    3,131

    Default Re: Injury Claim After a Traffic Accident

    There are some injuries to the neck and back victims aren't always immediately aware of.

  8. #8
    Join Date
    Oct 2016
    Posts
    1,116

    Default Re: Injury Claim After a Traffic Accident

    Quote Quoting Vengerid
    View Post
    I have not been served legal papers...
    Then you have not been sued.

    If and when you are you should contact your insurance company immediately and let them deal with it.

  9. #9
    Join Date
    Mar 2013
    Posts
    17,514

    Default Re: Traffic Accident

    Wake up denimkaty. This thread is almost two years old.

  10. #10
    Join Date
    Sep 2019
    Posts
    2

    Default Re: Traffic Accident

    Ensuite, vous n'avez pas été poursuivi en justice.

    Si et quand vous êtes, vous devriez contacter votre compagnie d'assurance immédiatement et laissez-les s'en occuper.
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