Post # 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?
Post # 3
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.
Post # 4
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 🙂
Post # 5
Holy cow!! That sux. I hope everything works out in your family’s favor.
Post # 6
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!
Post # 7
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.
Post # 8
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.
Post # 9
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.
Post # 10
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.
Post # 11
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.
Post # 12
- Wedding: May 2011 - Bartram's Garden
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.
Post # 13
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.
Post # 14
Eeek that’s horrible! People like this that make untrue suits should be punished!
Post # 15
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.
Post # 16
- Wedding: March 2010 - Calamigos Ranch
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.