- Blog
- Bios
- Boards
- Classifieds
- DIY
- Gallery
- Vendor Reviews
- Shop Weddingbee
Weddingbee boards
That's crazy! My parents went through a similar thing when I was in middle school (where my mom was in a minor accident and they tried to sue her years later). They never won. The insurance company should be doing investigation on this accident for you but I'm not sure if there is anything else you need to do. Trust me, their insurance company does NOT want to pay her and they will fight this.
Honestly I would be SHOCKED if the lady won, based just on what you said. The daughter did the right thing by giving her insurance information-- in most states you do not HAVE to call the police for minor accidents. It's only "hit and skip" if she didn't give the correct insurance info.
It also seems super suspect to me that the lady didn't try to settle out of court before filing a suit. I'm a plaintiff's attorney and we never ever file a suit without first dealing with the matter out of court and discovering there is no resolution to be had.
Obviously there might be more facts than I (or you) know... but I can tell you that if the girl that got hit came to me and told me she wanted to file suit I probably wouldn't even take the case. I'd tell her she could most likely get, at MAX, 3-5 times her ACTUAL damages (which would be damage to car + medical bills, if any).
Hopefully it will all work itself out :)
Holy cow!! That sux. I hope everything works out in your family's favor.
The only problem, there is nothing they can investigate. A report wasn't made. All they have is this woman's word. They said they don't want to pay and will offer to something to get her to go away, but it could still cause so many problems for my mom and her husband's premiums it would be really bad apparently. The insurance told my mom that if the woman doesn't accept the "deal" then they will threaten to take her to court, which more than likely she will back down to because it's all crap and she doesn't have a leg to stand on. I just don't understand then how she is able to even get it this far!
sounds like the insurance company is kind of stupid. If there is no evidence how would the woman win? Plaintiffs have the burden of proof. which means if there is no evidence one way or another, defendant wins.
My mom recently ended something like this. About three years ago, she was in a car accident with a woman and her car ended up being totalled. My mom was fine, and the other person seemed fine, but apparently (supposedly) wasn't. The police did come, asked some questions, etc. Fast forward to almost three years later and the woman finally sues my parents for a ton of money to pay her "medical" bills and whatever. Let's just say, our insurance was none-to-pleased. For the most part, the insurance will take care of everything, though the parents may need to provide some documentation and stuff - I'm not entirely sure. The woman will have to prove her "pain and suffering" through something substantial like medical bills, therapist, not being able to work, etc. The insurance will not want to pay her and will most likely determine that she's either lying OR they will settle. My parents insurance ended up settling, but not for nearly as much as the woman wanted. I think my parents insurance did go up, but not by a TON. I wouldn't worry too much about it if I were you. The insurance company will deal with it, and if she didn't file a police report, she probably doesn't have much of a leg to stand on.
I wonder if there's anything to the other lady not having insurance (since it's illegal to drive that way) that can be used. Not a lawyer so I'm just curious.
Here in Colorado you must file a report no matter what happens. Even if it's in a parking lot, you still must file a report but it's considered a cold report and you file it online with the Highway Patrol just to document but nothing comes of it. Now, if it was MAJOR and a car was torn apart or injuries in a parking lot, that's different, police will come out. Also if it's nasty out and they declare cold reporting due to road conditions, and no one is hurt, drunk, high then file a cold report...easy peasy. You file every time.
Thanks ladies for your input. I told my mom this just isn't adding up and she really needs to get on her insurance company to find out how in the hell this woman is even remotely able to file.
Oh, Corgi she is trying to settle out of court right now. That's where they are, but they were warning my mom that if the woman didn't accept the "deal" out of court then they would threaten to take her to court.
I don't know anything about auto insurance, but I work in the insurance industry and will say that it is highly unlikely the claim will settle for $100K. If $120K is her initial demand and the insurance company thinks it has any 'teeth' they will offer her a settlement way below her demand and she will be lucky to take it. That being said, obviously I know nothing about your exact situation and liek others have said it really depends on what evidence she has proving her mental anguish/emotional distress. She will have to be able to prove it to a jury in order to get anything which requires at least some good evidence.
A few years ago, I was backing out of a parking space in a Dunkin' Donuts parking lot. There was a big truck parked to my right so I didn't see that there was a car coming as I backed out. I hit the passenger side door of the car. There was no damage to my car and a slight scrape, not even really a scratch, to the woman's car.
Well, the woman went apeshit, freaking out on me and calling me every name under the sun. She was an elderly woman (not TOO old, maybe late 60's?) but she walked with a cane and was really, really rude. I earnestly apologized because it was my fault, but she was just ridiculous. The police came and took a report and that was that. My insurance didn't even go up.
Almost two years later, right before the statute of limitations ran out, she sued me for damages relating to pain and suffering. She claimed that she had neck and back damage and that she was having trouble walking, sleeping, functioning, and that she had to leave her job because of the pain. My insurance company hired me a lawyer and they found, during discovery, that this woman had been disabled for over 15 years and had filed 6 lawsuits in the past 9 years, all for pain and suffering, against different people and businesses.
There was a deposition and then the case went to mediation. The mediation panel found in my favor immediately.
Anyway, the point of this long story is that her insurance company should do everything they can for her. That's why you pay them. They should hire her a lawyer and fight for her side. It doesn't sound like this woman who is suing her has too much evidence to back her up, so things will probably work out okay. If her insurance does go up, it probably won't be too much.
I'm mad at B. for not filing a report and being smart. Then again she has proven to act more like a 12 year old than a now almost 20 year old. I think back to when I was 18, I would have called immediately, then my parents and even then I knew if you didn't have insurance that was a no-no. ::sigh:: It just burns my butt how people even have a chance to try and take advantage of something like this. Now, if B. had actually caused her harm and it was true, then yes, it sucks but make it right and pay up. It's just so upsetting.
Eeek that's horrible! People like this that make untrue suits should be punished!
I think if there was real problems caused by the accident, she would have filed a claim with B's insurance. This just sounds like a ploy to get money.
I wouldn't worry too much. Wonder why the ins company is having to stress her out? It's unlikely she can prove much given that she didn't even call the police... maybe she documented her other "injuries" better, but it sounds sloppy. Without proof, she won't be able to get much.
This is why you even have insurance, so that they hire lawyers and do all the talking for you. I'm sure that this person will take the settlement, because having no evidence, it will be impossible for her to win in court. Basically the insurance company will estimate the costs to take her to court. Whatever those costs are, they will offer her as a settlement. If she doesn't take it, they'll just take her to court (and win). The cost is the same to them. But generally when someone files suit your insurance rate does go up. If it's a substantial raise, I would have your parents look at switching to a different company. Just because a claim was filed recently doesn't mean it will be impossible for them to switch, plenty of companies are looking for business and will undercut their current payments or future payments after this is all over.
Tell them not to freak out too much. This lady is just a thorn in their side for a short time. At least B is insured and doesn't have to worry about hiring a lawyer herself. (Ironically if she wasn't insured I doubt this lady would have filed the claim at all!)
Ugh!! People like this destroy the system for those of us that really have been injured :( I got hit by a man that ran a red light because he was running late...
I did lose my job I was at for six years and I DO live with constant pain everyday since then .
Insurance companies will do their homework so they aren't just going to pay her what she wants. I hope everything works out for the best, it makes me so mad people try to take advantage of the insurance and people like me have to fight tooth and nail to get what we deserve.
MissAsB: B. was on my mom and her husband's insurance at the time of the accident. B. has since moved to live with her mom and is on her mom's insurance now. Even though B. was 18 at the time it is my mom and her husband's policy so that's why she is filing a claim against their insurance. Totally agree, it's a ploy, but the fact that the insurance company may still pay her anything just totally gets me. :( The insurance company told my mom since this damn woman has held on for a year and a half trying to get money apparently they are at the end of the line and need to take care of it. They were hoping if they put up a good fight she would get scared and go away since they also figure it's a bunch of lies.
That sucks! Hearing stories like this makes my blood boil! You would think after a year AND a half with no police report, photos, etc. that this lady could not possibly have a case and sue.
I hope it all works out.
I ran into an suv while dropping my sister off at the airport. I was going 4 miles an hour in a 2000 Hundayi Elantra and hit a 2006 Dodge Durango. My bro and I got out of the car and the lady driving the Dodge came out and said my back hurts. 4 miles an hour and an Elantra hit her Dodge Durango and her back hurts????? I was so pissed. No damage to both cars whatsoever. She got insurance money for it!! Can you believe it!!!
Please do NOT freak out. I used to be a Litigation Rep for a motor vehicle insurance company, so I used to do this for a living. We live in a very litigious society, and this happens ALL the time.
Obviously, motor vehicle laws vary from state-to-state so I don't know how Colorado differs from here in PA. However, as Corgi pointed out, the burden of proof is on the Plaintiff. She can't merely claim pain and suffering/mental anguish- she has to PROVE it. She has to submit actual proof of her suffering in order to substantiate her loss. If she is claiming physical pain, then she has to provide documentation from medical providers that she has been receiving ongoing treatment for injuries sustained in this accident. If she is claiming "mental anguish" then again, she will have to produce documentation from a physician or therapist to support her allegations. A lot of this stuff will come out in discovery. Your parents' insurance company will also run a background search on the Plaintiff to see if she has been involved in prior accidents, what her alleged injuries were, and whether or not she sued anyone for them.
As for the insurance company informing your parents that the Plaintiff can go after them directly for their own personal assets, please be advised that it is HIGHLY unlikely that will happen. The insurance company can only cover your parents for the amount of their insurance policy. The insurance company told your parents about the possibility of the Plaintiff coming after them directly because they are legally obligated to do so-- because if God forbid there was a verdict in excess of your parents' insurance policy and the Plaintiff came after your parents directly for the excess, your parents could turn around and sue their insurance company for not notifying them. The insurance company cannot leave their own insureds (your parents) hanging out there to get wacked with an excess verdict, and trust me, they don't want to. They are going to want to resolve the claim for the smallest amount possible. If they are supplied with any documentation that this woman really did sustain a serious injury that she can PROVE, it is the insurance company's job to tender their policy limits and pay out the claim for the entire amount of the policy. But again, given the fact that this was a minor accident that wasn't even reported it is HIGHLY unlikely that this woman will be able to prove damages anywhere NEAR $110K. (Do your parents still have the car that was involved in the accident? Do they have pics of the "damage?) All of this "pain and suffering, $110K" stuff is a scare tactic. Obviously this woman and her attorney are going to use all the "pain and suffering," language they can. Please do NOT get upset about this. Also, please know that if this did ever see the inside of a courtroom (based on what you've said) and the Plaintiff were awarded a substantial amount (i.e.,in excess of their policy), your parents can appeal the award. Did this woman even file suit yet? Or is it still in just the claim stages?
All of this can be very frightening and confusing to people who don't work in this field- which is WHY it is your parents' insurance company's job to investigate this woman's claim, and if it is in suit, to appoint your parents an attorney to represent them and answer any and all questions that they have. That is part of the reason why we all pay for car insurance.
If you have any other questions or concerns, feel free to PM me.
I think you got some great info from Monkeygirl, but I just wanted to chip in and say that your mom's insurance company probably wants to pay this woman even less than you do. If there's any reason to deny her claim (and there seem to be plenty), they'll find a way to do it. This is when insurance companies' brutality works out in your favor.
bmore, you are absolutely correct. Insurance companies are in the business to make money, not lose it. They don't like to throw away their money on bogus claims.
@curlysue- this is not legal advice or anything (necessary disclaimer heh)... but if I was in your mom's shoes... my exact response would be "try and sue me. good luck. this will be fun." :)
I doubt anything will happen... Insurance companies can spot a fraud a mile away & they'll do anything they can to avoid paying this woman! Let the insurance companies duke it out & don't worry too much.
I rear-ended a woman because she stopped short at a stop sign. I barely bumped her, there was no damage and she jumped out of the car holding her neck and complaining. I stopped apologizing & started to laugh because I knew where this was headed. I went in for an interview & they photographed my car. My premium never went up & I'd never heard anything about it ever again. Some people just wait to get in an accident hoping to get some $$
I would discount what the insurance company is saying. I've found that they can try to scare you sometimes and are often wrong.
Without loss of wages or medical problems, there is practically no way for her to collect that kind of money. Don't even worry about it. If she seems determined to press it, the insurance will likely offer her some cash to get her to go away. Her case is terrible, I wouldn't even think too much about it.
This happened to me. I got in a minor accident getting on the freeway. I thought the light turned green for me, but it was actually green for the cross traffic (It's a confusing 3-way intersection I now avoid.) My car was stick and I was in first gear, and I hit the rear driver's side panel of her car.
We both pulled over, talked, etc. I was fine, she seemed fine. There was damage to her car but nothing unfixable. My car was undamaged and I never even had it checked out by a mechanic. We didn't file a police report and just exchanged numbers and insurance information.
She proceeded to call me day and night. I finally told her to file a police report and deal with my insurance. My insurance company called and said she was suing me for $36,000 in "lost wages" because she was a welder and would be out of work for a YEAR. What? A frickin year? Is she joking? I was driving a 20-year old beater car so I had a low collision policy and my insurance only would have covered $25,000 and I would be stuck paying the rest.
Luckily, at the time I was a student and had no income and $800 in the bank, so she was only able to collect the $25,000 from the insurance policy. I am 100% positive that she was scamming me.
Good luck, and I hope she LOSES!
I was a juror on a case simliar to the one your family was involved in. The plaintiff was making ridiculous claims of pain & suffering- asking for $50,000. We saw through all of it. In the end we awarded her only $2,500 (her immediate costs that day- car tow, ambulance ride, ER visit bill, etc.)- a far cry from the $50,000 she thought she deserved for being in a pretty minor accident. I think she was very disappointed. The defendent had a great lawyer provided through the insurance company.
You must log in to post.
| Visit our sister sites | eHarmony Online Dating |
eHarmony Advice Dating Advice |
Project Wedding Wedding Songs |
JustMommies Pregnancy Calendar |
Create the honeymoon of your dreams.
| User | Posts Today |
|---|---|
| MissBoPeep | 94 |
| ndreighton | 64 |
| hisgoosiegirl | 56 |
| beargoose | 55 |
| Mrs.KMM | 46 |
| akp0702 | 42 |
| BetterSherm | 42 |
| MrsBlueSeptember | 38 |
| MrsPom | 37 |
| Beckster329 | 37 |
| User | Posts Today |
|---|---|
| misskarianne | 1 |
| pinkfrog | 1 |
| abbie017 | 1 |
| Rush1986 | 1 |
| lorie | 1 |
Just got a call from my mom....
My mom’s husband’s daughter (call her B.) sideswiped a woman on the off-ramp a year and a half ago and hardly any damage was visible to B.'s vehicle. While I understand hardly any damage can be evident on one doesn't mean for the other, but apparently it was very minimal on the other vehicle. B. was stupid and didn't call her dad or the police and she didn't file a report. The woman B. hit told her she would call the police later, got B.'s insurance information and then told B. she didn't have any insurance. It wasn't until late that evening did B. tell her dad she got into an accident. Apparently by looking at her car you would have never known she had sideswiped someone. My mom said they called the police department the next morning and no call ever came in from anyone about an accident at that location, from the woman's phone number or name. I don't understand why the police department didn't tell them to file a cold report, but whatever, too late now.
For the past year and a half this gal has been trying to sue my mom’s/husband’s insurance company for $120,000+ for “pain and suffering” when she didn’t have any injuries and was perfectly fine. Apparently she has “mental anguish” or something. It’s all total bull shit and my mom's insurance company told them that if they have to pay the total claim amount out of $100,000 on their policy they could either face extreme policy payment increases and even a slight claim thereafter ever could land them without insurance or lose their insurance all together and the probabilty of getting insurance elsewhere would be very hard. Plus if the woman doesn't like just $100k then she could come after them personally to get the rest of the money she wants. It’s insane!!!
How is this woman able to do any of this without a police report made to document who’s fault it was, document lack of her insurance, etc. I don’t get it but it’s not looking good. I fear my mom and her husband could be faced with some horrible financial situations to come and it scares me!
Does this at all sound like this woman could win? Any advice?