Jen asked in Politics & GovernmentLaw & Ethics · 4 months ago

I am at fault for an accident. The other driver hired a lawyer and is making a bodily injury claim. What can I do? ?

So I got into an accident nearly 2 weeks ago. I was at fault for it. Right when I thought everything was just about settled and done, I get a call from my insurance adjuster informing me that the other driver hired an attorney and is making a bodily injury claim. Immediately after the accident and the fair amount of time dealing with the cops and tow trucks and what not, I repeatedly asked this person if they were ok and if they were hurt in any way from it. They repeatedly reassured me that they were fine and no harm done. And here we are 2 weeks later I'm getting slapped with a bodily injury claim backed by a lawyer. I know that this claim is just frivolous and motivated by greed. What are my options on how to combat this? 

23 Answers

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  • Anonymous
    4 months ago

    That's what you have insurance for.

  • East
    Lv 4
    4 months ago

    Turn over all evidence to your insurer and take notes NOW of what you remember from the accident.  And tell your insurer what you posted above, with full facts.  

    But the person will likely need to show medical bills for recover for injury anyway.  If there are no bills, the person won't recover anything.

    Also, the other person's lawyer can be punished by the bar association for making legal claims that have no basis.  You can file a complaint with the state bar association if that happens. It probably won't do any good, but you can do it.

    Source(s): I'm a lawyer
  • art
    Lv 6
    4 months ago

    nothing for you to worry about, your insurance company will deal with it

  • Anonymous
    4 months ago

    Just because you asked if they were hurt and they said no doesn't mean the claim's frivolous. I've been in multiple accidents where I felt fine at the accident site (due to adrenaline) but had physical and emotional injuries the next day or even weeks later.

    You don't have to do anything. Your insurance company will handle the claim (either pay it or deny it) and if they sue they will assign a lawyer to you free of charge. It's in their best interest to do so because it's their money that they are coming after. Only problem I foresee is if you have minimal coverage and they come after your personal assets. But they will need to prove they had severe injuries which doesn't seem like the case. Anyways, you can file bankruptcy if they sue and win a judgement against your assets.

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  • 4 months ago

    YOU let your insurance company handle it. That is what you pay them for. What the injured party thought at the time regarding injuries is legally IRRELEVANT. They may be legitimately injured, but not realized it at the time.

    Note: In any collision where the police respond, NEVER speak to the other party.

    The anonymous answer claiming to be an insurance adjuster is a FLAT OUT LIAR.

    Any actual insurance adjuster knows you CAN'T have proof the other party was not injured. To the extent that CAN be known at the scene, the police report they ALREADY HAVE is far more evidence than anything you CAN know.

  • Anonymous
    4 months ago

    give your statement to the insurace agent. naturally include the part about you asking immeadiately after the acciedent, but dont worry the insurance company will seddle.

    the other driver and/or passenger(s) were probably in shock so the felt fine. but given a little time it probably hit like a ton of bricks. cars are heavy you people drive at high speeds and are careless. suspensions seat belts and all that crappily designed cheaply made junk you buy from asia does little to protect people.

    but lawyers are smart and its all about screwing over the people and saving the business end so they'll wave a little pile of green in front of you to hynotise and get yoi to sign away your rights to a healthy happy future.

    dont worry. yoi all will take it.

  • Bruce
    Lv 7
    4 months ago

    What can you do? Nothing. Your insurance company will represent you. Do not speak to the other person or anyone other than your insurance company. 

  • 4 months ago

    You contact your agent.

  • 4 months ago

    YOUR Insurance company has lots of lawyers doing their thing.

    NO insurance in particular the other guy's wants to pay out out any more than they must.

    Let the lawyers squabble it can go on for months and months.

    At the two week mark they are looking for a fast settlement.

  • Mike
    Lv 5
    4 months ago

    Ask your insurance company to offer the policy limits to the other driver.  You don't know that it's frivolous, as injuries can manifest themselves days after a crash. Next time, pay attention when you're driving!

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