I am at fault in a minor car accident. Appreciate your help

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: May 7, 2013

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Insurance Question from Darnestown, MD

Asked on 05/07/2013

I am at fault in a minor car accident. Appreciate your help The opposite person had no issues at time of accident. There was only a minor rear bumper dent. After 5 days he says he has neck pain and doctor is suggesting a surgery. I don't believe this has to do anything with the accident. Insurance company says my coverage might not be enough to cover the cost of surgery and wage replacement,etc. He is saying before surgery he wants to get an second opinion.The opposite person hasn't filed any claim or anything but I wanted to know what can I do in this situation and what are my rights. What happens if claim is more then my liability coverage?

Answer given on July 31, 2013

If you cause an auto accident, your insurance company will investigate and pay for the injuries to the other party. Your insurance company will not usually just accept what is claimed by the other party, but neck injuries are hard to determine as to the cause.Your insurance company will pay, up to the policy limits, for the injury sustained. If your limits are not enough, the other driver can file a claim under their insurance policy under medical payments (if they have that coverage) and/or under uninsured underinsured coverage. If the injuries exceed all of those options, then you could be held personally responsible for the remaining balance.It is a good sign that the other driver is getting a second opinion since the second doctor could determine that surgery is not required. However, let your insurance company handle this claim. Do not offer to settle on your own for a lower amount, as the other driver could still come back claiming pain or needing more, and your insurance company would not be willing to defend you if you interfered with the claim.


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