First court expereince today
- Thread starter bdcardinal
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I had a similar deal that went on for about 3 years. I tapped a guy going (literally, not exaggerating) about 3mph. I agreed to pay for his slightly scratched bumper out of pocket. He called me next day to say "I don't want you to think this is some sorta insurance scam, but my back is kinda bothering me, so I'm gonna go do the doctor". Famous last words...
2 year, 360 days later I get a call from my insurance company that he's filing suit. Insurance company wanted to settle, to which I said "go ahead, but know that this is a total fraud". They reviewed the file (they ended up totaling the car!), and decided that they'd had enough.
Depositions, testimony, lots of burned time. The offered him 15K right before it went to jury (why, I have no idea). He lost and got about 5K in medical bills, all of which went to a subrogration claim from his health insurance. In short, he got nothing.
The insurance company's lawyer (in house counsel) said "think of it as a civics lesson". In talking to him afterwards, his read was that plaintiff just seemed really unlikeable, and that's probably what sunk him. He was just a horrible witness. In the end though the system worked and he pretty much got exactly what he deserved...
2 year, 360 days later I get a call from my insurance company that he's filing suit. Insurance company wanted to settle, to which I said "go ahead, but know that this is a total fraud". They reviewed the file (they ended up totaling the car!), and decided that they'd had enough.
Depositions, testimony, lots of burned time. The offered him 15K right before it went to jury (why, I have no idea). He lost and got about 5K in medical bills, all of which went to a subrogration claim from his health insurance. In short, he got nothing.
The insurance company's lawyer (in house counsel) said "think of it as a civics lesson". In talking to him afterwards, his read was that plaintiff just seemed really unlikeable, and that's probably what sunk him. He was just a horrible witness. In the end though the system worked and he pretty much got exactly what he deserved...
I had rear ended fairly heavy in mid-late '90, the rear bumper pushed in half way into the trunk, the 1991 Accord had to be tow to my home. My younger daughter was in car seat in the back got very sore, my body wasn't very sore at that time but got worse the next day.
I thought about it and decided to see my primary doctor in 2-3 days if I didn't get better. I got better so I didn't bother seeing my doctor.
My daughter felt the same, she got better after 2-3 days.
The driver rear ended my car fled the scene but caught by police, because some witnesses saw the accident and wrote down his license plate. Luckily, he had insurance so they paid me the market value for my Accord, the car had extensive read end damage his insurance totaled it. His insurance adjuster kept asking me about injury on myself and my daughter. They saw the damage so they knew we could sustain some injuries like back pain. But I told them we were okay 3-4 days after accident, so we didn't want to see doctor(s) or to file fraudulent insurance.
The guy who hit me got off easy, he got ticket for fleeing accident scene, but since we didn't suffer injury he got few months probation. If we filled injury claim with his insurance and police report he may had to serve some jail time. I think I did the right thing, nobody got real trouble.
I thought about it and decided to see my primary doctor in 2-3 days if I didn't get better. I got better so I didn't bother seeing my doctor.
My daughter felt the same, she got better after 2-3 days.
The driver rear ended my car fled the scene but caught by police, because some witnesses saw the accident and wrote down his license plate. Luckily, he had insurance so they paid me the market value for my Accord, the car had extensive read end damage his insurance totaled it. His insurance adjuster kept asking me about injury on myself and my daughter. They saw the damage so they knew we could sustain some injuries like back pain. But I told them we were okay 3-4 days after accident, so we didn't want to see doctor(s) or to file fraudulent insurance.
The guy who hit me got off easy, he got ticket for fleeing accident scene, but since we didn't suffer injury he got few months probation. If we filled injury claim with his insurance and police report he may had to serve some jail time. I think I did the right thing, nobody got real trouble.
Originally Posted By: bdcardinal
Originally Posted By: John_K
So I guess you bleed to death waiting for the body shop to finish? I don't know where people get their ideas.
John
That was the one that shocked me. He said that he started hurting a week after the accident, but then waited 7 weeks to get any sort of treatment. I just don't get that at all.
Maybe he felt he would invalidate his claim.
Originally Posted By: John_K
So I guess you bleed to death waiting for the body shop to finish? I don't know where people get their ideas.
John
That was the one that shocked me. He said that he started hurting a week after the accident, but then waited 7 weeks to get any sort of treatment. I just don't get that at all.
Maybe he felt he would invalidate his claim.
Originally Posted By: daves87rs
Some people...scary.
Sorry that you had to go to court and deal with it....
I'm actually happy to have had the experience. I grew up watching the judge shows on TV, so I guess what I learned paid off. Plus it got me to go to Macy's and hit up the sale on Michael Kors suits, I just turned 32 so it was a good time to get real suits.
What is good about this court thing is that the ruling is final and he cannot come after me or my insurance for anything at this point. His insurance only gave him $1,000 towards his medical bills as that was all his policy covered. It sounds like even then didn't believe him. FWIW I have AAA for my insurance and he had Progressive. Working in my field I see how all the insurance companies operate in relation to vehicle repair. There is a reason I have AAA.
Some people...scary.
Sorry that you had to go to court and deal with it....
I'm actually happy to have had the experience. I grew up watching the judge shows on TV, so I guess what I learned paid off. Plus it got me to go to Macy's and hit up the sale on Michael Kors suits, I just turned 32 so it was a good time to get real suits.
What is good about this court thing is that the ruling is final and he cannot come after me or my insurance for anything at this point. His insurance only gave him $1,000 towards his medical bills as that was all his policy covered. It sounds like even then didn't believe him. FWIW I have AAA for my insurance and he had Progressive. Working in my field I see how all the insurance companies operate in relation to vehicle repair. There is a reason I have AAA.
Why did you accept any liability in this case, even if the police said you were at fault, you can contest that in court. I would have, if you really believe you were NOT at fault you should NEVER concede that.
Originally Posted By: GiveMeAVowel
Why did you accept any liability in this case, even if the police said you were at fault, you can contest that in court. I would have, if you really believe you were NOT at fault you should NEVER concede that.
It actually helped my case. That meant we didn't have to deal with that portion of the investigation, which confused the [censored] out of hte plaintiff. Also the judge even said that according to the police report, which said neither party were injured, that there was a strong possibility he sustained no injury in the accident. Plus the plaintiff not receiving any real medical treatment whatsoever was a big part of his case unraveling.
Why did you accept any liability in this case, even if the police said you were at fault, you can contest that in court. I would have, if you really believe you were NOT at fault you should NEVER concede that.
It actually helped my case. That meant we didn't have to deal with that portion of the investigation, which confused the [censored] out of hte plaintiff. Also the judge even said that according to the police report, which said neither party were injured, that there was a strong possibility he sustained no injury in the accident. Plus the plaintiff not receiving any real medical treatment whatsoever was a big part of his case unraveling.
BTW best part of the day was when I stopped at work on my way home. It was one of our tech's last day that day and I wanted to wish him goodbye. When I walked into the shop everyone scattered like roaches when you turn a light on. They all thought I was either a detective or a process server.
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