My question involves an injury that occurred in the state of: California
My last communication in this forum regarding the referenced issue was posted on 1/15/2016.
As follow-up, my insurance company has handled the claims of the driver and the passenger, who claim they incurred neck injuries when my foot slipping off my brake and collided with the rear bumper of their rental car. There was no damage report to my insurer from the Hertz rental agency for the vehicle that the Plaintiff was driving. I took photos of the rear bumper and the front bumper of the cars at the scene showing no damage. It was no more than a tap from at the most 18" distance to their rear bumper. I thought that we agreed all around that there were no damages and that I was free to leave. They apparently called the police to report that I had fled the accident and that they thought I had been drinking. Completely bogus! The next business day, I reported the incident, and was advised by my insurer that the driver had already contacted them by phone and demanded $500 to settle the claim. Insurer denied the request for settlement.
Finally, a week or so ago, an attorney contacted my insurer and demanded $25,000 in settlement for the driver's phony medical claim (driver did visit the emergency room and secured a collar - he transported himself). My insurance company has refused the driver's claim. Also the attorney requested any photos (meaning the 2 photos I had taken at the scene). I refused to give permission for my insurer to provide the attorney with the photos. My insurer said that they had already denied the request.
My question is this: My insurer has said that since they (the insurer) denied the claim for $25K, the Plaintiff may come after me, and I am to notify them immediately if this happens. What do you think the odds are that they will? I am 72 y/o with an 11 year old car (maybe $4K value), and a 2007 38' 5th wheel in which my husband and I reside (approx $14K value) at an RV park, and a small IRA account ($34K from which I withdraw $10K quarterly to supplement my social security income. I will have to soon secure employment and earn enough money to supplement my SS income.
Am I at risk for a judgment being levied against me? Am I judgment proof? Can they take my home (such as it is), my car and my small IRA? Should I consult with an attorney now or wait to see what happens? Is there anything I can do or should be doing? My insurance is only liability, $15,000 limit. I have not divulged this information; however, it would appear that the attorney has done his research.
Thank you for any assistance/guidance you can provide me!
My last communication in this forum regarding the referenced issue was posted on 1/15/2016.
As follow-up, my insurance company has handled the claims of the driver and the passenger, who claim they incurred neck injuries when my foot slipping off my brake and collided with the rear bumper of their rental car. There was no damage report to my insurer from the Hertz rental agency for the vehicle that the Plaintiff was driving. I took photos of the rear bumper and the front bumper of the cars at the scene showing no damage. It was no more than a tap from at the most 18" distance to their rear bumper. I thought that we agreed all around that there were no damages and that I was free to leave. They apparently called the police to report that I had fled the accident and that they thought I had been drinking. Completely bogus! The next business day, I reported the incident, and was advised by my insurer that the driver had already contacted them by phone and demanded $500 to settle the claim. Insurer denied the request for settlement.
Finally, a week or so ago, an attorney contacted my insurer and demanded $25,000 in settlement for the driver's phony medical claim (driver did visit the emergency room and secured a collar - he transported himself). My insurance company has refused the driver's claim. Also the attorney requested any photos (meaning the 2 photos I had taken at the scene). I refused to give permission for my insurer to provide the attorney with the photos. My insurer said that they had already denied the request.
My question is this: My insurer has said that since they (the insurer) denied the claim for $25K, the Plaintiff may come after me, and I am to notify them immediately if this happens. What do you think the odds are that they will? I am 72 y/o with an 11 year old car (maybe $4K value), and a 2007 38' 5th wheel in which my husband and I reside (approx $14K value) at an RV park, and a small IRA account ($34K from which I withdraw $10K quarterly to supplement my social security income. I will have to soon secure employment and earn enough money to supplement my SS income.
Am I at risk for a judgment being levied against me? Am I judgment proof? Can they take my home (such as it is), my car and my small IRA? Should I consult with an attorney now or wait to see what happens? Is there anything I can do or should be doing? My insurance is only liability, $15,000 limit. I have not divulged this information; however, it would appear that the attorney has done his research.
Thank you for any assistance/guidance you can provide me!
Traffic Accidents: Claims of a Whiplash Injury After a Collision with No Vehicle Damage
Aucun commentaire:
Enregistrer un commentaire