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Question

Hi, Yesterday I was in a small accident on the highway. I changed lanes, lost focus and bumped the woman in front of me. We both got out, and inspected the damage. She appeared fine, I was fine, my passenger was fine, and there was a small cut in my front fender and her front bumper. She claimed she was fine, highway patrol arrived, we exchanged the info and then went about our buisness. Today our insurance called saying that the woman involved was claiming "severe injury." Yesterday she was fine and claimed she was fine...what are the steps I should take in preventing any kind of law suit? How can she change her mind when she claimed she was fine with both me and the officer? What can ultimatly happen?

Submitted: 30 days and 3 hours ago.
Category: Legal
Value: $18
Status: CLOSED
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State/Country relating to Question: North Carolina

Already Tried:
My friend, who is a paralegal, will be conversing with the attorneys at her firm on the possibilities.

Posted by Dimitry Alexander Kaplun 30 days and 2 hours ago.

Answer

Unfortunately if the other woman wishes to file a suit, she has the right to do so. What you must do is quickly contact your insurance and state that the woman was fine, appeared fine, and that there were no injuries present. Send them photos of your vehicle and also ask them to get a police report, as it will show the state of both parties (meaning if any injury was noticeable by the police and hopefully if the police officer stated in his report that both parties stated that there was no injury).

Do understand that by bumping her from the rear, you would be liable for any damage that you caused to her vehicle or to herself. However, if she claims "severe injury", request that your insurance company very carefully review any 'soft tissue" injuries that she may be claiming, as it could be fraudulent and "whiplash".

Sincerely,

XXXXXXX XXXXXXXXX XXXXXX, Esq.

30 days and 2 hours ago.

Reply

Thank you for the reply. I do understand that I am responsible for any damage to her car, for the accident was my fault. She was fine and claimed to me that she was fine. The officer should have noted that there was no visible injury. Is there any way I can truly prepare for any oncoming suit? What kind of money could she ask for? Her car was larger than mine, so her injury does not make sense. The accident was not severe, and she was the first to call Highway Patrol. My insurance called today. I will be offering a statement on Monday. I will tell them to get the police report. How can one diagnose, or check for whiplash? Is whiplash defined as "severe personal injury?"

 

Thanks again,

Andrew.

Posted by Dimitry Alexander Kaplun 30 days and 2 hours ago.

Answer

Contact your insurance company and have them assign an attorney to the case. The other party can ask for whatever she wishes, up to and including your insurance limits, but if there is fraud your insurance company will be able to dismiss the suit.

I am not a doctor and I cannot speculate on injuries; sometimes "soft tissue" injuries can be significant (for example where the back and vertebrae get mis-aligned) but almost always, and especially in a small fender-bender they are almost always exceedingly minor.

Sincerely,

XXXXXXX XXXXXXXXX XXXXXX, Esq.

30 days and 2 hours ago.

Reply

Just one more question. I am satisfied with the answer for now and will accept, but if I have another question and would like to speak with you again...how would I go about doing that? Would I have to pay again?

 

Thanks again,

Andrew

Accepted Answer

Andrew,

Thank you for finding my informaiton useful. If you have any further questions, begin your new question with "For Dimitry..." or "For Dimitry Alexander Kaplun..." and I will be notified that you are waiting for my assistance.

Yes, you would have to pay again if you find my follow-ups useful, or if you have other legal questions out of scope from your original posts.

Sincerely,

XXXXXXX XXXXXXXXX XXXXXX, Esq.

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Expert: Dimitry Alexander Kaplun
Pos. Feedback: 99.0 %
Accepts: 
Answered: 10/24/2009

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