Minor car accident - now with ambulance chasing law firm

chaos

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Up here in the great white north, our government insurance company just paid $5,000,000 (full policy limits) for a 4km an hour rear ended that did $650 in damage to the vehicle. the Surgeon who got rear ended bumped his head got aconclusionand can never work as a surgeon again. I understand in canada we typically insure with higher limits it that is damn scary, bros don't skimp on insurance!

The author writes like a moron, but damn this would hurt if you did not have insurance or fell for one of those "we'll make you legal" retarde low limit policies.

http://www.castanet.net/edition/news...07363-913-.htm
I lolled
 

supertouch_sl

shitlord
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A couple of years ago, my sister lightly tapped a car belonging to this piece of shit ex-marine and he ended up getting a settlement. I tried finding out where he lived so I could destroy his car but wasn't successful.
 

Nester

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What part of the settlement from the insurance company made you decided you should commit a crime to get your revenge on behalf of said insurance company? Was the settlement (that your sister did not have to pay) too high or do you just feel he should not be compensated at all for being hit by your sister?
 

Goatface

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had a boss that gotten into a minor rear end accident, went to the er with a sore neck. they did xrays, said it was ok and sent him home. 2 days later the head xray guy got around to looking at the film and turned out he had several small cracks in a couple of vertebrae in his neck. ended up spending nearly a year in a halo and lost the ability to turn his head.

on the other hand, got an aunt that is a magnet for accidents and even a simple tap in the parking lot has sent her to the er and gotten her $10k.
 

Big Phoenix

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This reminds me saw a fender bender today at a intersection that is absolutely horrible for accidents. In fact dude just got killed in an accident on Friday just a quarter mile from it.
 

AladainAF

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Same thing happened to my wife. She rear ended someone at best 5-7mph. It caused $300 of damage to our car (a toyota corolla), and $400 to their SUV (Nissan Pathfinder). No police, no injuries. My wife was even pregnant at the time. She's being sued as a result, and the ambulance chaser attorney even got the wrong address of us (He picked someone else with my wifes same first/last name). He clearly has no idea what hes doing, and trying to get $500,000. It's hilarious, not to mention the ambulance chaser doesn't even have a JD, just some BA of law from a small university.

My insurance company is like yeah, np, and hired the big dong atty lawfirm and is like "You don't have shit to worry about."

Case is still open though, so can't really get into any other details than that -- but it is a big headache and stressful for sure. Some people are idiots and I would love to counter sue after this is over so so bad, but its never worth it really because it's impossible to prove that shes doing this maliciously, even though there is a 100% chance she is.
 

Void

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Appreciate the responses.

I imagine it is standard practice, but his lawyers did ask for my policy limits, to which we refused.

I know the law exists in bizzaro world, but it would seem to me that two statements made in a letter from his lawyer to my insurance show their motives. The first is a demand for a settlement offer for the maximum amount under my policy as opposed to a settlement offer for X car repair + Y medical + Z legal (even if that total is outrageous). The second seems like a veiled threat about my insurance potentially failing to protect me "...from the burdens of an excess judgement." Not a fair judgement or reasonable judgement, but excess. To me and to most I would think that indicates a money grab.

Obviously the rear-end nature of the accident makes me legally responsible the vast majority of the time (and likely the reason why the lawyer took the case). I also understand that real injury can present itself at a later time, but in the current world we live in it is just too hard to take anyone's word for it anymore for a minor incident. If they want to claim serious injury, I'd want to be assured that they didn't have a pre-existing injury, weren't involved in another accident, didn't fall off a ladder hanging Christmas lights, or otherwise aren't faking it, etc.

As everyone seems to be saying, this will probably end up being settled out of court. Part of me is regretting that I lowered my coverage due a recent move (my insurance wanted almost twice as much for the same coverage in my new zip code) and that that decision doesn't come back to haunt me.
Do not, under any circumstances, tell the opposing lawyer anything. Tell them to contact your insurance. Aside from them trying to get extra info out of you, that is what your insurance is now being forced to do as well. Your insurance cannot talk to the other party without first going through their attorney the moment they are notified that they have one, so don't give them anything in return.

They are trying to find out what your limits are so that they know what to ask for. If your limit is $50k, they are going to ask for a little over that and negotiate down to it. If your limit is $15k, same thing. They want to know what number to start at because they are essentially making shit up, and they want to avoid doing even the tiniest amount of work to try to figure out what amount might fly. They are clearly not actually calculating amounts based on any facts, they just want to know what they can safely ask for, period.

It will also pretty much never go to court. The attorney will lose more in their own time than they are likely to make, and your insurance won't want to waste their money either unless they are being asked for an exorbitant amount. The threats of "excess judgment" are exactly what I was talking about earlier with "exposing the policy." Your insurance company will almost never let that happen, because THEY will be on the hook for far more themselves. The lawyer is simply trying to scare you, nothing more. 99% of bodily injury claims never see a courtroom, because that's what insurance is for in the first place. And your insurance, if you have a decent adjustor, will run database searches (I want to say it is called ISO or ICO or something like that) to ensure they weren't in a previous accident, have pre-existing injuries, etc. Don't worry, most of the time they don't want to pay any more than they have to either. Unless you have shitty insurance and they just have to clear claims as quickly as possible, but even then it isn't your money.

Again, let your insurance handle everything. Only answer questions that your insurance agent asks you, or clears you to answer. Do not have any contact with the other party or their lawyers outside of that. It will only help them if you do so.
 

Xequecal

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I had a similar thing happen to me in 2001 where I rear ended someone at maybe 10-15 mph and got sued. He went all out on this. For example, I had to give a deposition where it was just him, his lawyer, my (insurance company's) lawyer, and a woman who was there to record my answers to his lawyer's questions. Despite it only being us five there, he still showed up in a full body cast. It was really looking like it was going to go to trial, I was on notice by my lawyer that my case was going to come up on the docket either next week or the week after and I needed to be prepared to come down to the court on whatever day it came up to testify. Then 9/11 happened. The guy suing me was Arabic, and it was a pretty conservative county. They settled almost immediately.
 

Gadrel_sl

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You should always get a police report, especially when the accident is your fault. In this case the officer's report would have indicated that no party suffered visible injuries and that the accident occurred at fairly low speed. Now, it's your word against theirs, and whatever pill clinic doctor they depose.

Cad, to answer your question earlier in the thread, only two states have direct action against insurers.
 

opiate82

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You should always get a police report, especially when the accident is your fault. In this case the officer's report would have indicated that no party suffered visible injuries and that the accident occurred at fairly low speed. Now, it's your word against theirs, and whatever pill clinic doctor they depose.

Cad, to answer your question earlier in the thread, only two states have direct action against insurers.
I was a witness to a minor accident, police showed up, said they don't do police reports unless there is more than (I think) $600 worth of damage or injuries that require immediate medical attention. Could have been blowing smoke up the involved parties asses because he didn't want to do the paperwork, I don't know, but that is what he said.
 

McCheese

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I was a witness to a minor accident, police showed up, said they don't do police reports unless there is more than (I think) $600 worth of damage or injuries that require immediate medical attention. Could have been blowing smoke up the involved parties asses because he didn't want to do the paperwork, I don't know, but that is what he said.
That happened to my dad as well. Actually, they didn't even bother to show up. They told him when he called that the accident he described wasn't enough to get a police officer to go by.
 

Jovec

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Do not, under any circumstances, tell the opposing lawyer anything.
Yes, I would never speak to him or his lawyers outside of what's required. In fact, the way I found out that he hired lawyers was that they called me asking for policy details when I was expecting a call about a repair estimate.

They did contact my insurer (Mercury) about policy limits, but Mercury has a policy against releasing that info without my consent. When I asked to the adjuster for advice (I had already settled on not releasing) she wouldn't give me a direct answer except to say they feel they should only be pay out reasonable claims (I forget the exact words, but I got the meaning).

You should always get a police report, especially when the accident is your fault. In this case the officer's report would have indicated that no party suffered visible injuries and that the accident occurred at fairly low speed. Now, it's your word against theirs, and whatever pill clinic doctor they depose.
It would have been word against word regardless. I'm not denying the events of the accident and it's very unlikely the police were going to stop freeway traffic to take accident measurements for something with no visible injury. The freeway Metro 511 patrol (roving city tow trucks) did stop by and asked us if we were okay in the middle of exchanging info, to which we both responded that we were so he returned back to his truck. I don't know if they are required to keep a log for this kind of interaction.

The pill clinic doctor comment is spot on because if one claims injury, no doctor can contradict them with total certainty. Arguably his law firm's entire existence is based around this.
 

BrutulTM

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I had a situation when I lived in Phoenix where I pulled out of a taco bell drive-thru and stopped at a red light. I was looking in my taco bell bag to make sure that the stuff I ordered was all there and my foot slipped off the brake and the car rolled forward and bumped a mini-van in front of me. I'm not sure it's possible to have a lower speed collision than that. I waved out the window and yelled "sorry about that", backed up a couple feet, and went back to checking out my lunch. When I looked up there was a woman standing outside my window going "did you hit my car?". I said "yeah, just bumped it, sorry about that." and she said "Well I already called 911, the cops are on the way". I got out and looked at the cars and my license plate frame had a crack in it that may or may not have been there before. Neither car had so much as a smudge on the bumper. I suggested that it didn't look like there was any damage but she insisted that we wait for the cop because she "doesn't know about cars and there might be something wrong that she doesn't see". She had 3 kids in car seats in the van and we all stood on the sidewalk in 110 degree heat for 45 minutes waiting for the cop to show up. When he got there and saw that nothing was damaged and no one was injured he was like "So what are we doing here?" I said "beats me" and he gave me a card to write down my insurance info which I gave to her and we went on our way. I laid awake a couple nights imagining a call from her saying that all her children were crippled and retarded from our accident, but I never heard any more about it. I am still a little mad at her for making me stand out in the heat though.