What to do about injuriesallegedly incurredin a car accident?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What to do about injuriesallegedly incurredin a car accident?

I lightly bumped into another vehicle at a stop sign because she appeared to be turning then slammed on her brakes. There was no damage on either vehicles – not even a scratch. The driver I “hit” called for emergency medical attention and went to the hospital. On site though, her pulse and blood pressure were normal. Since then she has attended therapy and claimed injury to her spinal cord. However, in the other driver’s medical history she has had a previous spinal cord injury that occurred 10 years ago. I believe the lady is trying to wrongfully sue me for money and I need advice.

Asked on August 12, 2011 Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Until and unless she does something, you don't need to do anything--that is, until, for example, you either demands money from you or actually sue you, you don't need to act, other than to report the situation to your insurer. Most insurance policies require the insured to report accidents and potential claims in a timely manner; failure to provide notice might invalidate your coverage. (At a minimum, review your policy to see what your reporting obligations are.)

Once she does act, if you have insurance, forward her claim, demand, summons and complaint, etc. to your insurer--they need to defend you, as well as pay if there is a valid claim. If you don't have insurance, or if you have a very low limit and your insurer settles out quickly, potentially leaving you responsible for the balance, retain an attorney to defend you. Remember: you only need to pay 1) if  you're at fault (e.g. you were driving carelessly); 2) the injuries are legitimate; and 3) your fault caused those injuries. You don't need to take her word for things--you can defend yourself.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption