What to do if my wife got into an car accident a few months ago and now my insurer tells me that the other party is seeking bodily injury damages?

My wife got into a fender bender in a parking lot. She was backing out of a parking space and hit/was hit by a car traveling perpendicular from her left to her right looking for a space to park.The accident was at low speed and damage to both cars was minimal. Our dange cost a new bumper for around $300 which was less than our deductible. We don’t know what the settlement was for the other driver; but doe to the circumstances it was decided my wife was mostly at fault and I assume my insurance company paid damages. Now 4 months later my insurance company called me to inform me that the other party is seeking damages for bodily injury. We are of the opinion that this is a frivaluse persuit as at the time of the accident the other party had a conversation with my wife and did not seem injured nore did they mession any injery. Also the accident was not serious enough to likely cause injury. What do we do now? Our insurance company said that we really shouldn’t worry yet.

Asked on July 20, 2012 under Accident Law, New York


david slater / david p.slater, esq.

Answered 8 years ago | Contributor

It depends on the amount of  liability coverage you have on your policy. They have the right to sue for pain and suffering, if they can prove a "serious injury". You may want ot speak to your private lawyer.

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