My question involves an injury that occurred in the state of: Nevada.
Hi Expert Law, I really appreciate this forum existing so that I can communicate with others about my situation.
Right off the bat I know I should have been running a dashcam, however the Vegas sun fried my last dash cam and I was reluctant to buy another.
Here is what happened:
I was driving down a four lane road, split in the middle by a center divider. So it is two lanes of traffic for each direction.
There is heavy traffic, surface streets. 35mph zone.
I am following a White Mercedes.
All of a sudden, the Mercedes in front of me jerks his steering wheel quickly, and dives into the shoulder.
He did this to avoid rear ending the car in front of him. A 2013 Toyota Corolla.
So now I am behind this 2013 Corolla, and I quickly looked at the driver of the Mercedes through my passenger window to see if he was okay. He was fine.
At this moment, everybody is 0mph. Dead stop.
Traffic starts to move forwards again, I put my car into first gear, and start to accelerate. Before I can fully let out my clutch pedal, I have to floor the clutch and slam my brakes, because the 2013 corolla in front slammed on her brakes again, just like with the White Mercedes a moment ago.
I rear end the 2013 corolla traveling approximately 5mph.
My car's curb weight is 2500lbs, the 2013 Corollas curb weight is 3240lbs.
Immediately after, a Toyota Prius rear ends me. It goes to show how quickly the 2013 corolla in front came to a stop.
I do NOT hit the 2013 Corolla up front again, after I get rear ended.
I understand I should have been following farther away. She is allowed to be able to slam on her brakes.
I am pretty shocked, I instantly pull out my phone and google "I got in a car accident, what should I do?"
I get out of my car, less than 30 seconds has passed since the impacts happened.
I go to the Toyota Prius behind me and ask through her window if she is okay. She said yes. I said "okay good, I'm going to go check on the driver up front."
I go to the driver up front and ask if she is okay. She said yes.
I am totally okay.
People are rubbernecking looking at my cherry red classic sandwiched between two Toyotas.
I say okay we all need to exchange insurance information.
I am 100% responsible for the damages to the rear of the 2013 corolla, and also the damages to the front of my car.
The Toyota Prius who rear ended me, was 100% responsible for the damages to my rear end. and was also 100% responsible for her Front End.
She was really not happy about this, but that is besides the point.
Now is where it gets interesting.
quick facts:
I understand injuries can develop way after an accident occurs.
The 2013 Toyota Corolla has the highest possible rear crash rating possible at the time of manufacture, so it has the best rating possible for rear impact safety in 2013.
The impact happened <5mph.
My airbags did not deploy.
The lady in the 2013 Corolla initially told me she was not hurt and didn't have any injuries when I asked her through her drivers window.
She gets out of her car and starts walking around with me looking and the damages.
Than she says her back hurts. I say okay you can sit in your car if you'd like. It was a sudden change of mood, however I am not a doctor so I assume she is telling the truth.
The Fire Department shows up. They ask her if she has any injuries or pains etc. She told the Fire Department she did not have any injuries or pain. After she just told me she did.
Now we move our cars out of the middle of the road. All 3 cars still drive, although repairs would be needed.
Now that we're stopped, she approaches me saying how she is in pain again. And how she doesn't want to stand anymore because she is so stunned about what happened. She goes and sits in her Corolla.
I now call my insurance company. About 20-30 minutes have passed since the moment of impact.
My insurance company takes all the info, than asks me to ask the other drivers if they are okay, and if they have sustained any injuries.
I ask the lady who rear ended me in her Prius, she says no.
I than go to the other lady sitting in her corolla, and ask her through her drivers side window again if she is hurt or has any injuries. She says no, no I'm fine.
She has now gone No, Yes, No, Yes, No. in less than 1 hour.
Again, I know injuries can develop later. I am slightly skeptical, however there is no way for me to accuse her of being dishonest, so I just shrug it off and assume everything will work out because everyone is being honest.
Some weeks pass, I receive payment for the rear end of my car, get my car fixed, my insurance rate goes up, and I assume that I am done with the situation.
NOW SEVEN (7) MONTHS LATER
I receive a letter in the mail from my insurance company.
Attached is a demand package from a local Injury Lawyer Firm.
I find out the lady who was driving claimed injuries.
My medical coverage through my insurance is $15,000 per person/$30,000 per incident.
She has already used $2,899.56 at a Chiropractic firm, and $540 at a Medical group, $3439.56 so far.
This is a list of what the Chiropractic firm determined.
1. Seg and Somatic Dysfunction Cervical Region
2. Seg and Somatic Dysfunction Thoracic Region
3. Seg and Somatic Dysfunction Lumbar Region
4. Sprain of Cervical ligts
5. Sprain of Thoracic Spine
6. Sprain of Lumbar Spine
7. Strain of Muscle, Fasxia and tendon at neck level
8. Strain of back wall of Thorax
9. Headache
10. Anxiety Disorder
11. Sprain of Right Knee
12. Pain in Right Elbow
She went to the Chiropractor 5 days after the incident, and continued attending until 5 months after the incident. This cost $3439.56 to my insurance company.
She reported constant pain.
Here is a list of what the Medical group determined.
1. Facet Syndrom Lumbar
2. Facet Syndrom Cervical
3. Pain in left knee.
She also stated that she lost enjoyment of life. She claims she is no longer "pain free, fear free, or self confident" due to a direct result of the accident.
She reported difficulty brushing her teeth, cooking, cleaning, and showering.
She reported the inability to sleep due to pain.
She reported a developed fear of driving, or riding in a car.
She reported she is prevented from traveling, exercising, and taking part in activities she would normally do.
She reported Severe Mental anguish in the form of mentally re-living the accident.
She reported Nightmares, and Depression.
She is now requesting excess of $15,000 in compensation, the maximum my insurance company will cover per individual.
They attached 3 previous cases where personal injury claims have gone above $15,000, attempting to convince my insurance company that this incident is worth more.
A case in 1985 where a meat hook hit a man in the head from 10ft high, $15,000 payout
A case in 1995 where an allegedly drunk driver accidentally rolled his truck killing a child inside. $25,000 payout
A case in 1993 where a mentally challenged 19 y/o grabbed than let go a 12 y/o girl. The girl suffered mental anguish. $25,000 payout
The attached document concludes with stating that the force of the impact was severely strong, and that she has suffered mental anguish and lost enjoyment of life.
Upon receiving this letter, I dug into my file cabinet and pulled out all the documents and info i had on the situation. I found out that she had provided me with a fake address. I don't think that matters at all but it seems as though she provided me with the wrong information right away because she knew she was going to make a big deal of the situation. There is no way for me to prove this and it could very well be that she just made a typo. She had written the number to her real address backwards.
I honestly believe this person is exaggerating the extent of her injuries. I play poker for a living here in Las Vegas and spend all my time looking at peoples faces trying to see the truth. She did not seem honest the entire time. I was partly expecting this letter in the mail. I could sense that she was going to exaggerate the situation. But I didn't think she was going to exaggerate to this extent.
1. She tried brake checking the white Mercedes, when that didn't work she immediately tried again and got me.
2. She goes no, yes, no, yes, no, yes. when asked if she has injuries.
3. She provided me with false information, seemingly on purpose. No way to prove this.
I honestly do not believe I caused her Nightmares, Anxiety, loss of self-confidence, fear of entering a vehicle, inability to sleep, inability to travel, and physical manifestation in trembling, hyperventilation, and sweating, from a <5mph impact, that didn't set off airbags, while her car is the highest possible rear impact rating.
She is asking for excess of $15,000 for her "mental anguish"
I do not believe she truly sustained the injuries she is claiming.
I know it is up to my insurance company to investigate, however it seems she has everything well documented and very formal-looking.
I am worried she will get away with these claims and I will have to pay her out of pocket.
What can I do besides talk to my insurance company and tell them what I just wrote out here? What are the next steps I should take to protect my own interests?
Thanks so much for reading about my situation. I appreciate all forms of input.
Thanks Expert Law,
-Gary
tl;dr: I rear ended a lady whom I believe is exagerating her injuries
Hi Expert Law, I really appreciate this forum existing so that I can communicate with others about my situation.
Right off the bat I know I should have been running a dashcam, however the Vegas sun fried my last dash cam and I was reluctant to buy another.
Here is what happened:
I was driving down a four lane road, split in the middle by a center divider. So it is two lanes of traffic for each direction.
There is heavy traffic, surface streets. 35mph zone.
I am following a White Mercedes.
All of a sudden, the Mercedes in front of me jerks his steering wheel quickly, and dives into the shoulder.
He did this to avoid rear ending the car in front of him. A 2013 Toyota Corolla.
So now I am behind this 2013 Corolla, and I quickly looked at the driver of the Mercedes through my passenger window to see if he was okay. He was fine.
At this moment, everybody is 0mph. Dead stop.
Traffic starts to move forwards again, I put my car into first gear, and start to accelerate. Before I can fully let out my clutch pedal, I have to floor the clutch and slam my brakes, because the 2013 corolla in front slammed on her brakes again, just like with the White Mercedes a moment ago.
I rear end the 2013 corolla traveling approximately 5mph.
My car's curb weight is 2500lbs, the 2013 Corollas curb weight is 3240lbs.
Immediately after, a Toyota Prius rear ends me. It goes to show how quickly the 2013 corolla in front came to a stop.
I do NOT hit the 2013 Corolla up front again, after I get rear ended.
I understand I should have been following farther away. She is allowed to be able to slam on her brakes.
I am pretty shocked, I instantly pull out my phone and google "I got in a car accident, what should I do?"
I get out of my car, less than 30 seconds has passed since the impacts happened.
I go to the Toyota Prius behind me and ask through her window if she is okay. She said yes. I said "okay good, I'm going to go check on the driver up front."
I go to the driver up front and ask if she is okay. She said yes.
I am totally okay.
People are rubbernecking looking at my cherry red classic sandwiched between two Toyotas.
I say okay we all need to exchange insurance information.
I am 100% responsible for the damages to the rear of the 2013 corolla, and also the damages to the front of my car.
The Toyota Prius who rear ended me, was 100% responsible for the damages to my rear end. and was also 100% responsible for her Front End.
She was really not happy about this, but that is besides the point.
Now is where it gets interesting.
quick facts:
I understand injuries can develop way after an accident occurs.
The 2013 Toyota Corolla has the highest possible rear crash rating possible at the time of manufacture, so it has the best rating possible for rear impact safety in 2013.
The impact happened <5mph.
My airbags did not deploy.
The lady in the 2013 Corolla initially told me she was not hurt and didn't have any injuries when I asked her through her drivers window.
She gets out of her car and starts walking around with me looking and the damages.
Than she says her back hurts. I say okay you can sit in your car if you'd like. It was a sudden change of mood, however I am not a doctor so I assume she is telling the truth.
The Fire Department shows up. They ask her if she has any injuries or pains etc. She told the Fire Department she did not have any injuries or pain. After she just told me she did.
Now we move our cars out of the middle of the road. All 3 cars still drive, although repairs would be needed.
Now that we're stopped, she approaches me saying how she is in pain again. And how she doesn't want to stand anymore because she is so stunned about what happened. She goes and sits in her Corolla.
I now call my insurance company. About 20-30 minutes have passed since the moment of impact.
My insurance company takes all the info, than asks me to ask the other drivers if they are okay, and if they have sustained any injuries.
I ask the lady who rear ended me in her Prius, she says no.
I than go to the other lady sitting in her corolla, and ask her through her drivers side window again if she is hurt or has any injuries. She says no, no I'm fine.
She has now gone No, Yes, No, Yes, No. in less than 1 hour.
Again, I know injuries can develop later. I am slightly skeptical, however there is no way for me to accuse her of being dishonest, so I just shrug it off and assume everything will work out because everyone is being honest.
Some weeks pass, I receive payment for the rear end of my car, get my car fixed, my insurance rate goes up, and I assume that I am done with the situation.
NOW SEVEN (7) MONTHS LATER
I receive a letter in the mail from my insurance company.
Attached is a demand package from a local Injury Lawyer Firm.
I find out the lady who was driving claimed injuries.
My medical coverage through my insurance is $15,000 per person/$30,000 per incident.
She has already used $2,899.56 at a Chiropractic firm, and $540 at a Medical group, $3439.56 so far.
This is a list of what the Chiropractic firm determined.
1. Seg and Somatic Dysfunction Cervical Region
2. Seg and Somatic Dysfunction Thoracic Region
3. Seg and Somatic Dysfunction Lumbar Region
4. Sprain of Cervical ligts
5. Sprain of Thoracic Spine
6. Sprain of Lumbar Spine
7. Strain of Muscle, Fasxia and tendon at neck level
8. Strain of back wall of Thorax
9. Headache
10. Anxiety Disorder
11. Sprain of Right Knee
12. Pain in Right Elbow
She went to the Chiropractor 5 days after the incident, and continued attending until 5 months after the incident. This cost $3439.56 to my insurance company.
She reported constant pain.
Here is a list of what the Medical group determined.
1. Facet Syndrom Lumbar
2. Facet Syndrom Cervical
3. Pain in left knee.
She also stated that she lost enjoyment of life. She claims she is no longer "pain free, fear free, or self confident" due to a direct result of the accident.
She reported difficulty brushing her teeth, cooking, cleaning, and showering.
She reported the inability to sleep due to pain.
She reported a developed fear of driving, or riding in a car.
She reported she is prevented from traveling, exercising, and taking part in activities she would normally do.
She reported Severe Mental anguish in the form of mentally re-living the accident.
She reported Nightmares, and Depression.
She is now requesting excess of $15,000 in compensation, the maximum my insurance company will cover per individual.
They attached 3 previous cases where personal injury claims have gone above $15,000, attempting to convince my insurance company that this incident is worth more.
A case in 1985 where a meat hook hit a man in the head from 10ft high, $15,000 payout
A case in 1995 where an allegedly drunk driver accidentally rolled his truck killing a child inside. $25,000 payout
A case in 1993 where a mentally challenged 19 y/o grabbed than let go a 12 y/o girl. The girl suffered mental anguish. $25,000 payout
The attached document concludes with stating that the force of the impact was severely strong, and that she has suffered mental anguish and lost enjoyment of life.
Upon receiving this letter, I dug into my file cabinet and pulled out all the documents and info i had on the situation. I found out that she had provided me with a fake address. I don't think that matters at all but it seems as though she provided me with the wrong information right away because she knew she was going to make a big deal of the situation. There is no way for me to prove this and it could very well be that she just made a typo. She had written the number to her real address backwards.
I honestly believe this person is exaggerating the extent of her injuries. I play poker for a living here in Las Vegas and spend all my time looking at peoples faces trying to see the truth. She did not seem honest the entire time. I was partly expecting this letter in the mail. I could sense that she was going to exaggerate the situation. But I didn't think she was going to exaggerate to this extent.
1. She tried brake checking the white Mercedes, when that didn't work she immediately tried again and got me.
2. She goes no, yes, no, yes, no, yes. when asked if she has injuries.
3. She provided me with false information, seemingly on purpose. No way to prove this.
I honestly do not believe I caused her Nightmares, Anxiety, loss of self-confidence, fear of entering a vehicle, inability to sleep, inability to travel, and physical manifestation in trembling, hyperventilation, and sweating, from a <5mph impact, that didn't set off airbags, while her car is the highest possible rear impact rating.
She is asking for excess of $15,000 for her "mental anguish"
I do not believe she truly sustained the injuries she is claiming.
I know it is up to my insurance company to investigate, however it seems she has everything well documented and very formal-looking.
I am worried she will get away with these claims and I will have to pay her out of pocket.
What can I do besides talk to my insurance company and tell them what I just wrote out here? What are the next steps I should take to protect my own interests?
Thanks so much for reading about my situation. I appreciate all forms of input.
Thanks Expert Law,
-Gary
tl;dr: I rear ended a lady whom I believe is exagerating her injuries
Defense Against Automobile Personal Injury Fraud
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