19
Apr
Being a Defendant in a Car Accident
Recently someone contacted the firm regarding an accident in which they were at fault, but did not feel that there were any injuries. They essentially stated that “I was involved in a car accident in which I was stopped completely and then took my foot off the brake and bumped the car in front of me causing mere paint damage to the bumper. No medical treatment was sought by either party and the plaintiff appeared in perfect health with no complaints. I was served a summons filing a suit against me claiming ‘’severe and permanent injuries, ”great pain and suffering preventing them from pursuing their usual activities while incurring bills for medical treatment”. This is clearly a claim without merit. What are my rights and options as the defendant, considering there were no complaints of pain or injury or medical treatment at the scene and it is now two years since the accident? Thank you in advance.”
As a result of this inquiry, the following was suggested……
I understand that you are troubled by the claim for damages. However, the accident is your fault and at this time, your only interest is to make sure that your insurance protects you and that you do not incur any personal financial losses.
Turn the complaint over to your insurance as soon as possible. They will provide a defense and are obligated to protect you. From your perspective that means settling the case within the policy limits. Demand that they not only protect you by providing a defense but also take whatever steps are necessary to resolve the claim within the policy limits.
While you may object in your mind to them paying a cent, that is not your primary concern. You paid for the insurance and the only benefit to them not paying to you would be in your own mind. Your insurance has already charged you for the accident. If the claim is bogus, usually the jury system works pretty well. If you are found liable, you want your insurance to pay, not you. By encouraging them to protect you and demanding that the case be resolved for the insurance you bought, if they chose not to do so, it is their risk, not yours. On the other hand, if you demanded that they not pay, the risk could be on you, not them. That is why there is no benefit to you saying that they should not pay.
This does not mean that they will pay the claim nor that they should. The question is not so much for you as to the merit, but who takes the risk.
Complaints are standard; don’t be shocked by the language. As to the seriousness of the injury, let your insurance determine this. There can be serious injuries in low impact cases and there can be none in high, it is harder to predict than you might think.
In any case, cooperate with your insurance and you should come out of it without any problems.