Tapped someone's bumper 1.5 years ago... being sued for 116k
 

I was among a pack of vehicles that started moving and suddenly stopped. I didn't stop in time. No damage to her vehicle and slight damage to mine.

FF 1.5 years later, I get a letter form my insurance telling me that I may be on the hook for everything over the 100k personal injury limit. I hit this person in their shitty 3k car at no more than 5-10mph and they got medical bills exceeding my ****ing surgery for a tumor in my leg.

I ****ing hate people. Especially hate scammers.

Ambulance chasers are literally the most awful people alive

It's a bullshit money grab, and this is why good insurance companies have lawyers that will fight this for you. I got in a wreck my last year of high school and got served almost seven years later when living three states away. The woman said that the wreck had ruined her sex life, and her medical support came from a reflexologist, a quack that rubs feet for a living.

You should have settled out of court for reviving her sex life. P in V FTW.

She was a psychotic woman in her 50s with hair like a Troll doll.

Do I need to hire a ****ing lawyer? GDI... I don't have the money for this shit.

Send a PM to Mr Blonde. He’ll take care of it.

That's sort of the point of having ins. Tell your company to round up some lawyers.

Wouldn't there be something floating around that shows how serious the "injury" was at the time of the accident? Start riding your insurances ass on it. I'm sure they won't be too eager to have to shell out 100k either and will be more than happy to help.

The statement they sent me said they would hire one for me. That said, the doc they sent me seemed to suggest I get one anyway. Gotta think USAA is gonna look out for me on this though... right?

If not, they probably need to stop spamming the **** out of the airwaves and hire more legal staff.

My advice is to let the insurance company do their thing. This seems like something they deal with frequently and can beat down rather easily.

But keep close tabs on them. And remember, the lawyers are there for the insurance company, not you. The enemy of your enemy is often not your friend.

Good luck.

There is almost zero chance the court will award anything more than your max liability limits in the worst case scenario. Your insurance company must believe they are full of shit for it to even have gotten this far. Also, if the other party has an attorney it looks pretty scummy if they are pursuing for more than your liability limits since it isnt much more. If their damages were 1M then that would be a diff story.

Insurance companies always get screwed though, because of this perception of big business by the masses. Hate runs rampant against not only big businesses but insurers as well when things go to court, as they are not usually viewed favorably. Conversely, if the other party is a child, female, or elderly they automatically have an advantage because -- feelings. The law shouldn't work that way - it shouldnt matter how well you are liked - or how well you relate to a jury, judge or DA - but it does. Which is one of the many reasons our judicial system is flawed.

Did they hire Brad Douchebag Pistnotnick?

Sounds hot.

ROFL That guy?

Geezus christ, we sold him a pool decades ago. During the sales call he drank like 10 beers.

Dude is a total drunk.

They purposely sued for higher than your limit. My experience was similar; I had a big insurance company with deep pockets and they kept it going over a year and then settled for 24k; accident was 100% my kids fault but nobody hospitalized; stressful but you have to let insurance companies do what they do....

I'm sure her crotch looked like the web of a bark spider.

That's exactly why it's important to have an umbrella policy added to your auto insurance.

We used to be a land of laws. Now we're a land of lawyers. Subtle but important (and usually expensive) difference.

FAX

I'm a bodily injury adjuster for a large insurance company. Really too much information to go into the full detail of how a bodily injury claim works. More than likely, your insurance company received a "demand" from the 3rd party's attorney. I would assume that the attorney did not know your Bodily Injury policy limit, so the attorney demanded a large amount, based on her medical bills, loss wages and pain and suffering. The letter you received was an "excess letter." Your insurance company is legally required to notify you that there is potential that the 3rd party's bodily injury claim might exceed your $100k Bodily Injury coverage. The language in the letter will advise that you have a right to obtain an attorney. However, as part of your personal auto policy, your insurance company will provide a defense, if it went thru the courts, i.e. mediation, arbitration or trial. So, honestly, I wouldn't worry about retaining an attorney at this time.

Based on your vague description of the accident, I would be SHOCKED if your insurance company did not challenge the mechanism of injury that would cause medical bills in excess of $100k. With that said, legally, your insurance company has a legal obligation to do everything in their power to settle the 3rd party's bodily injury claim within your policy limit. Thus, your insurance company might make a business decision to settle her claim for your $100k bodily injury policy limit, in order to protect you and your family's assets. If they didn't and it went to court and the jury amount exceeded your policy limit, you would be personally responsible for the amount above your limit. However, you could then sue your insurance company for Bad Faith, which is a capless lawsuit (that's how multi-million dollar judgments are levied against insurance companies). With that said, I would not stress out about the letter you received, as your insurance company will ultimately do what's best for you and them, which is to ultimately settle her claim.

Umbrella policies do add protection - but in general I believe they are overrated. Just more for the other party to go after. I guarantee you that if somebody had 10k liability limits versus 100k liability limits the settlement will always be waaaaay less even for the same accident, same "damages" for the person who has 10k liability limits.

But yeah - they are so cheap - if you have alot of assets might as well get one. With my insurance policy it actually SAVES me money to get an umbrella policy due to the discount it helps me get on my cars and houses.

Dude... thank you so very much for burning your first post on this board (and a member since 2012 no less) on my worthless ass. You have put me at ease and am able to relax for the first time since reading that letter.

THANK YOU. THANK YOU. THANK YOU.

Sorry to hear that man.
I hope you put up a better defense than the Chiefs.

Nice first post sxrich!

Hahaha, no worries. Didn't realize I had been lurking for that long. Glad I could help relieve some stress.

Good job by the new guys in this thread.

After 50, I think the court should’ve thrown her sex claim out as plausible deniability.

Actually you sound like a shitty driver. Were you ****ing with your phone?

Interesting contribution to the thread. No, I wasn't on my phone, tablet, or any other electronic device. I was driving into the sun and simply did not see she had stopped while everyone else was still moving forward. My fault, 100% but I disagree that makes me a shitty driver.

I absolutely love texting and driving. I like to watch movies while driving too.

Fair enough. But the question had to be asked.

Not surprising from you.

Auto pilot brah. Probably still bad - but not as bad.

Autopilot?

Oh that's right, you drive one of them electrical doohickeys that drive themselves. Freaking hipster whipper snappers!

https://proxy.duckduckgo.com/iu/?u=h...Fgiphy.gif&f=1

8 years ago I got re ended in my 2004 GTO I had cranked up to about 450whp. It was a badass car. Someone ran into the back of the guy that hit me and I was pushed into a Chevy Tahoe. The girl in the Tahoe was at my window before I knew what even happened, “OMG are you ok?!” Her bumper was slightly tilted and my car was trashed on both ends.

She ended up suing me for 45 grand because she couldn’t go to work after the accident and Gieco settled out of court for 35 grand. The cop that worked the scene was on my side. He said under oath it was not my fault and had evidence to back it up. Still lost because my insurance company said it was easier to settle then go to trial.

Get a lawyer besides your insurance company lawyer.

Doohickeys is about one of my favorite words. Followed by wershington

She might come after you again 35 years from now for touching her, but she won't remember exactly when or where, make or model, or number of doors. No worries.

when I was an injury adjuster I would cut a check for 100K and call it a day to get down my cycle time and go back to playing fantasy football.

This past summer after just being released earlier in the day from the hospital after suffering a mini stroke. aka Ischemic Transient Attack, I had a guy in a Ford F150 fail to stop at a Stop sign and smashed into me while riding my bike.

Taken to the hospital for precaution for a concussion, back or neck issue or what hurt at first, my hip.

I told them don't worry about it, they paid all my medical bills and $1500 for inconvenience, all satisfactory for me.

I don't need to go into lawsuits just to try and make money. That's Bullshit! :shake:

ugh! I live in a very congested city, small fender bender's are common, but that's what a ****ing bumper is for people. I hate when two cars tap, and both drivers get out knowing perfectly well there's no damage. The one guy always contacts the other two weeks later just to feel out whether they think they can get away with lying.

Depending on the insurer, I suppose they can be expensive. If you have several drivers under your policy (as I do) and there's a litigator under every rock (as there are), I felt that it was a good idea. Probably not for everybody, I guess.

One of the reasons to consider it is that it provides the necessary funds for the insurance company to hire outside counsel and investigators if needed.

We live in a world where everybody's praying they either win the lottery or find themselves in a car crash. I don't like that world one bit. But I also don't want to get dragged into it. Frankly, I prefer the olden days when people accidentally injured each other then settled it like men with broken-off beer bottles and flinging dudes headfirst into jukeboxes.

FAX

If you rear-end someone, 99% of the time you will be deemed at fault for not maintaining proper distance, even under your scenario.

Great info and always good to hear from a professional in the field.

First if you had insurance they cannot sue you because you are indemnified. Your insurance company cannot bail out and say they won't cover the cost. She won't be awarded 100k based on statue of limitations.

But if you really wanna **** her, sue her ass back for emotional damages.

I was sued for over my insurance value after rear ending a vehicle once myself.

There were 4 in the vehicle but was being sued by a woman in it for pain and suffering and trauma to her marriage as she could not, and I repeat, "have sex bending over". No joke.

After a year or so of the insurance company battling it I received a letter in the mail from my insurance that the lawsuit was dropped. They had found out she was accepted to nursing school and in order to do that she had to pass a physical. Case closed.

https://youtu.be/ZdXRgsr25SM

https://youtu.be/ZdXRgsr25SM

That piece of human garbage built an office in Garden. I honestly thought nobody did business with this obvious huckster. Obviously I'm wrong if he's building new offices all the ****ing way out here.

Jesus **** dude. I didn't know all that. Here's to having a better year.

Should have gave her the dick

I would hold MY insurance company liable if they pay out 100K and want you to cover the rest on a bogus claim.

Have a talk with a lawyer for sure. Also get any police report from the accident.

Doesn't he have a handle here? :D:D:D

In the same situation back in 2003. Crunched my Mercedes SLK (3.2) on both ends. I made the ins company (Farmers) buy thew car back after it had been fixed (long story) and then when sued by the car I was pushed into my insurance company settled and subrogated the loss back to the person that caused the accident. I am sure that is what happened in your case.

It's a TIA (Transient ischemic attack (TIA)) and what Dr. told you to ride your bicycle the day after having a blood clot/ blockage in your brain?

I would think that you would be worried about getting your Pro-time stable before going for a bike ride...

My best advice is to ignore whatever cooper blowhard just spent 3 posts blathering on about.

We had a guy come across two lanes of highway and hit us almost head on 3 weeks ago.

What a cluster ****.

What are you talking about? Do you play an attorney on TV or something? Seems like you are not using some of the legal jargon correctly.

Anybody can sue anybody. You can sue somebody who has insurance - it's just that the liability carrier will defend the case on your behalf. You also aren't using indemnified correctly in this case.

His insurance company will defend the case. Nowhere did they say they wouldn't - they sent him a letter because the other party was claiming an amount in excess to his liability limits.

Statute of limitations does not have anything to do with what someone will be awarded. Statute of limitations is basically how long you have to sue someone. Statute of limitations depends on the state - and is different depending on if the suit is property damage or bodily injury. If this suit was brought forth before the statute of limitations expires in the original posters state - all is fair game.

And sue her back for emotional damages? What emotional damages? He was at fault for the car accident. He doesn't even have any bodily injury. You will not have any success in doing that.

So much fail in your post.

in MO you have 5 years to file on an auto accident.


and yes if you sue for over their limits and win they have to pay themselves.

Probably fake, but pretty great. **** hit and run drivers.

This is solid advice right here.