(Closed) Suckfest 2010: She’s suing for “pain & suffering” but there was none!!!!

posted 8 years ago in Legal
Post # 3
Hostess
18643 posts
Honey Beekeeper
  • Wedding: June 2009

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
Member
11325 posts
Sugar Beekeeper
  • Wedding: February 2011

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
Member
3252 posts
Sugar bee
  • Wedding: June 2010

Holy cow!! That sux. I hope everything works out in your family’s favor.

Post # 7
Member
11325 posts
Sugar Beekeeper
  • Wedding: February 2011

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
Member
529 posts
Busy bee
  • Wedding: October 2009

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
Member
2821 posts
Sugar bee

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 # 11
Member
6661 posts
Bee Keeper
  • Wedding: May 2010

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
Member
2859 posts
Sugar bee
  • 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 # 14
Member
1067 posts
Bumble bee
  • Wedding: October 2010

Eeek that’s horrible! People like this that make untrue suits should be punished!

Post # 15
Hostess
18643 posts
Honey Beekeeper
  • Wedding: June 2009

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
Member
4480 posts
Honey bee
  • 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.

The topic ‘Suckfest 2010: She’s suing for “pain & suffering” but there was none!!!!’ is closed to new replies.

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