Driver claiming fake damages after minor car accident...

by Juana
(Louisville, KY)

I was in a minor accident which happened after the light changed. The other driver started moving his car and suddenly he stopped and I hit him. Nothing happened to his car and mine got some damage in the grill, which my insurance fixed.

He now is claiming some medical visits. The policeman who arrived at the scene said because we were not injured and there was only very minor damage to the cars, there was no need for a police report.

I am worried because this person is trying to fake injuries, saying he is in pain. He is committing fraud and maybe trying to take advantage of me because I speak limited English. When my two sons arrived they heard the other driver's girlfriend (who arrived after the accident) telling him to "screw this latina woman."

What can I do in this situation? How can I defend this case and stop this person from taking advantage of me? Thank you.

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "Driver claiming fake damages after minor car accident...":

Juana (Louisville, KY):

Your were indeed fortunate the police officer didn't issue a traffic citation to you for "Following too Closely."

Without a police report, and with so little damage, it is unlikely the driver has a legitimate basis for filing a personal injury claim against you. Nevertheless, immediately report the accident to to your insurance company. If the driver does file a claim with your insurance company and you haven't notified them, you may have some problems with your insurance company for failing to report the accident.

For the driver to have the basis for an injury claim he will have to have medical records certifying his "injuries" were directly related to the accident. It is unlikely he will be able to secure such information.

No matter what happens, your insurance company will defend you in the matter. Under the terms of your insurance policy, the insurance company is contractually obligated to defend you in claims of accident or injury from other drivers, up to the limits of your policy.

While the phrase "screw this Latina woman" is certainly unfortunate, it will have little bearing on the claim. People say stupid things all the time. Making that statement is not a reflection on you. It's a reflection on the person who made the statement. "La mujer que hizo la declaraciĆ³n no tiene verguenza." ;)

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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