About six months ago, my brother was in a car accident. He was on the free way and traffic was moving fast, and it suddenly stops. My brother tried to brake but the tires on the car were very slick and offered little traction, so they skidded on the road and hit the car in front of it. My brother tried to go into the emergency lane but was unable to do so on time and wound up hitting the back of this pickup truck on the left side. Now, my brother was driving a Honda Accord '96 and the passengers on said car were his girlfriend, my mother and my 1 year old nephew. Damages to each car is as follows: The Honda suffered the most in the accident. The hood was pushed in and the radiator broke and had to be replaced. No one was injured, my nephew was only a little scared but was virtually unscathed.
Damages to the pickup were even less. My brother mentioned that it had suffered only a few scratches in the area that was hit.
Ok, so here's what happened with the police. They came and made a report where they took record of the situation, including the fact that no one was injured. In fact, my mother said that the guy drove off mad because the police man told him that he didn't need to be there anymore because he wasn't hurt and the report had been made; he only needed to talk to my brother.
Well, it's been six months as I've said, and now the man is trying to sue for damages. He claims that the cost of reperation on his car was around $2,000 and he also wanted to be repaid for his medical bills(which more likely than not will be around $10,000)
My question here, apart from "Who the hell does he think he is?!", is "What are we going to do?". I really don't see how it is that the man could've hurt his back when the impact was greater on the Honda than it was on his car AND we had a BABY that was unharmed. What are his chances of winning? And what is the best strategy to take?
To me, it's obvious the guy only wants money, after all we're in "Sue Happy America". To be honest, I am a little worried since my family and I have never dealt with anything like this before.
EDIT: Also, my brother knows stuff about cars (since he's such a big enthusiast) and says that the damages on the guys car couldn't have topped $1,000. Heck, not even the airbags popped out. Posted by Storm Saxon (Member # 3101) on :
I would imagine he's going to be suing your brother's insurance company and not him?
Posted by ClaudiaTherese (Member # 923) on :
You need a lawyer. My best guess is that once you have a lawyer respond to this issue on his letterhead, it will no longer be an issue.
Legal fees for minimal involvement are quite low, and they are worth it. And if this is not just requiring minimal involvement, well, then you need that lawyer anyway.
Posted by Dan_raven (Member # 3383) on :
Your insurance company should handle this.
Posted by ClaudiaTherese (Member # 923) on :
quote:Originally posted by Dan_raven: Your insurance company should handle this.
Oh, good grief, I assumed they'd already run it past the insurance company and were getting nowhere.
AoD, did you guys not notify the insurance company already? If so, that's the definite first step.
Posted by Stephan (Member # 7549) on :
Agreed, I work in insurance. Call your agent/company to file a claim. They will handle EVERYTHING.
Posted by The Pixiest (Member # 1863) on :
Did traffic stop or did HE stop. This might have been a ploy from the beginning.
Posted by Altáriël of Dorthonion (Member # 6473) on :
quote:Originally posted by Dan_raven: Your insurance company should handle this.
That's what were getting to.
I'm not sure how much lawyers cost, but I doubt we'd be able afford one. Posted by El JT de Spang (Member # 7742) on :
Don't be foolish. If you can't afford a lawyer, you can even less afford to risk getting a judgement against you for 12 grand.
Talk to your insurance company, if you haven't already. They'll get you started.
Posted by Stephan (Member # 7549) on :
The insurance company will provide the lawyer if it gets to that. Your brother has liability insurance of at least 15,000 for medical bills and at least $10,000 for property damage depending on you state, and what he selected when he set up his insurance. They WILL take care of everything, lawyers and all. The most that will happen is that if your brother's company loses and he is deemed at fault, his rates may go up a bit.
Posted by Altáriël of Dorthonion (Member # 6473) on :
quote:Originally posted by Stephan: Agreed, I work in insurance. Call your agent/company to file a claim. They will handle EVERYTHING.
Hopefully. We have Merastar. Also, my brother didn't notify the insurance company immediatly after this happened, he's just contacting them now, so I don't know how well that will go. I wasn't aware of the situation so I couldn't do much about it.
Posted by Altáriël of Dorthonion (Member # 6473) on :
quote:Originally posted by The Pixiest: Did traffic stop or did HE stop. This might have been a ploy from the beginning.
That could be a possibility, but I don't know since I wasn't there.
My Anthropology teacher once worked as a private investigator. I wonder if he could do me a favor and use his skills to help us, or at least give us some advice.
Posted by Storm Saxon (Member # 3101) on :
If he didn't let the insurance company know when it happened, that may be an issue....
Posted by Altáriël of Dorthonion (Member # 6473) on :
quote:Originally posted by Storm Saxon: If he didn't let the insurance company know when it happened, that may be an issue....
That's what I'm afraid of. Posted by Stephan (Member # 7549) on :
6 months? I don't think that is going to be an issue. There is a police report that proves when it happened. I wouldn't be to worried about the time frame. It would be one thing if you brother waited 6 months to claim damage on his own car, but its the other guy's fault for waiting so long.
Posted by Altáriël of Dorthonion (Member # 6473) on :
The man claims to have tried to contact us several times by mail, but I'm sure he's lying because we never received a single letter he said he had sent until maybe two weeks ago.
Posted by Stephan (Member # 7549) on :
quote:Originally posted by Altáriël of Dorthonion: The man claims to have tried to contact us several times by mail, but I'm sure he's lying because we never received a single letter he said he had sent until maybe two weeks ago.
If he didn't send the mail certified, there is no proof. Again, doesn't matter anyways. 6 months is still more then reasonable for claim notification.
Posted by Altáriël of Dorthonion (Member # 6473) on :
quote:Originally posted by Stephan:
quote:Originally posted by Altáriël of Dorthonion: The man claims to have tried to contact us several times by mail, but I'm sure he's lying because we never received a single letter he said he had sent until maybe two weeks ago.
If he didn't send the mail certified, there is no proof. Again, doesn't matter anyways. 6 months is still more then reasonable for claim notification.
That's what I think. I understand that if he indeed hurt himself symptoms might not appear until after some time, maybe a week or two...but six months? Who is he kidding?
Posted by Stephan (Member # 7549) on :
The other question is, why is he trying to mail it to your brother? The police report would have had you brother's insurance information. If I were your brother I wouldn't even call the company himself. Have the guy or his lawyer do it. Other then a recorded phone interview with his insurance adjuster, your brother really doesn't need to play any part at all in it.
Posted by Belle (Member # 2314) on :
I agree with Stephan. This is between the guy and your brother's insurance company. What he needs to do is contact your brother's insurance company. Refer all calls and correspondence to that insurance company and do not talk to the guy directly.
In the future, always report accidents, even if you think there's no damage or will be no claim. Just to protect yourself.
Posted by rivka (Member # 4859) on :
AoD, this accident occurred in California? Was it reported to the DMV?
Posted by aspectre (Member # 2222) on :
Sounds like an "accident" caused by the "victim" for the purpose of extorting money, possibly with a gang including a physician/chiropractor/etc and a lawyer or law firm. A LOT of that is going around, especially in SouthernCalifornia.
I've witnessed a Cadillac nudge (didn't even make a bang) the back of a slowly moving VolksWagen Bug, then a pile of people pouring out of the Cadillac rubbing their necks and backs. All claiming that the Bug driver had stomped on his brake for no reason.
Posted by Amanecer (Member # 4068) on :
I was in a car accident six years ago that was my fault, and yes, the insurance company handles everything. There is no reason to worry.
Further, I think it's dangerous to assume that just because he wasn't hurt at the scene, he's trying to con you. Sometimes these pains do crop up after the fact. We have sensitive bodies and they can be damaged in even minor accidents.
Posted by aspectre (Member # 2222) on :
True. But prove it didn't occur from jumping off of a ski lift, or from stumbling on a curb or a step.
Had a friend throw out his back stooping to pick up a coin; severely enough that he's carried and occasionally had to use a cane ever since. "Most expensive dime ever." is how he termed his medical bills. Admittedly, the stooping probably aggravated an old old surf injury. But he had never before used a cane since the original recovery from that injury.
Posted by JoeH (Member # 5958) on :
Preface: I'm an attorney in Nevada, but do not do personal injury either for plaintiffs or defendants.
Under the law, your brother is very likely at fault for having rear-ended the pickup. The police report may have noted that your brother is at fault?
To echo other's comments, your brother's insurance company should take care of it, lawyers and all.
Even if the insurance company "wins", your brother's rates may still go up a bit because of the claim.
Posted by Altáriël of Dorthonion (Member # 6473) on :
quote:Originally posted by aspectre: True. But prove it didn't occur from jumping off of a ski lift, or from stumbling on a curb or a step.
Had a friend throw out his back stooping to pick up a coin; severely enough that he's carried and occasionally had to use a cane ever since. "Most expensive dime ever." is how he termed his medical bills. Admittedly, the stooping probably aggravated an old old surf injury. But he had never before used a cane since the original recovery from that injury.
This is exactly how I feel. He's complaining about it after six months? Six months?!. As I mentioned before, I understand if syptoms of injury show up until maybe one or two weeks, but SIX MONTHS?!
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