Car Accident, getting sued, but plaintiff is totally over exaggerating!

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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: Feb 23, 2014

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Insurance Question from Murray, UT

Asked on 02/23/2014

Car Accident, getting sued, but plaintiff is totally over exaggerating! So I was in a car accident, I was at fault. I checked at a stop sign and thought it was clear. But the other driver didn't have a license! He's now suing me, but he just wants the money. He's claiming he needed a chiropractor and he had all these injuries and it wasn't too serious. Everyone in my car was perfectly fine. Then he sues me for car injuries, he said he couldn't open his door, when at the accident he could use the door and get out. We were going about 20 mph and it wasn't serious. If it was a large collision I'd understand but the amount of injuries he put was ridiculous.

Answer given on February 25, 2014

If you are involved in an auto accident that is your fault, you should let your insurance company handle the claim. Anytime a person claims bodily injury, you should not attempt to settle the claim on your own. Even if you work out a settlement with them, they have one to three years to come back for more money as a settlement. If you attempt to settle and they come back, and then turn to your insurance company, the company can deny the coverage since you have jeopardized their standing in the case.The fact that the other driver had no driver’s license does not change the fact that you caused the accident. Lack of a license is something the police may get involved in, but it does not void the claim of the other driver. The police report, if any, will help your insurance company determine the extent of damages and injuries.If your car was damaged, and you have collision coverage, your insurance company will pay for your repairs, less your deductible. Since the claim involves possible bodily injury, your rates will be affected, but the cost of your repairs will not make any difference as to the rates, so go ahead and get your car fixed too.

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