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TexLaw, Attorney
Category: Personal Injury Law
Satisfied Customers: 4430
Experience:  Lead Personal Injury Trial Lawyer
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I was the responsible party in a less than 5mph accident. No

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I was the responsible party in a less than 5mph accident. No damage other than my license plate of my car. Her car no damage as my cat hit her tow hitch. She immediately claimed neck injury, however exited her vehicle with full range of motion, and showed no distress. I requested if she wanted to move our vehicles off the main highway and call police and get medical help. She refused vehemently, took my information and got back in her car. She was going to take pictures, but didn't. I took pictures sent them to my insurance company and reported the accident. She called today claiming excessive injury, pain and suffering and loss of work. What are steps I can take to protect myself and fight her accusations as they are false? I accept liability for the fender bender, but her claims are excessive and she is also claiming property loss when there was clearly none.

Thank you for your question.

It sounds like she is trying to shake you down. I can tell you from experience that many people who are in small fender benders think they have hit the jack pot. The reality is that it is much harder to recover than they think.

In your situation, you have insurance which would cover any potential claim. It is now your insurance company's responsibility to handle the claim from here on. I would recommend you call the insurance company claims adjuster and make sure she/he understands the facts of the case. In the end, the insurance company will not pay out on a fraudulent claim, even if it is to simply make it go away. They will hire an attorney who will defend you if this woman decides to sue.

In regard to her calling you, you should tell her that you have turned the claim over to your insurance company and give her the number to the claims adjuster. Tell her to stop calling you and harassing you. Tell her that any continued calls will be reported to the police as harassment. If she calls again, contact your telephone company about having her number blocked and report her to the police.

Please let me know if you have further questions on this issue.

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