Visitor Question

No damage, but passenger is claiming “major injuries” 2 months afterwards?

Submitted By: Michael (Boston, Mass)

I was in an minor accident 2 months ago. I bumped into a car. There was no damage to either vehicle, but we still exchanged information. Today I got a voicemail saying that the other driver’s passenger is reporting “major injuries” and that the other person’s insurance wants to come out to take pictures of the front of my car.

Should I be worried? Can someone really claim injuries 2 months after the accident? Especially since there was no damage to either car, and the driver of the vehicle hasn’t claimed any injuries? How does this work? Thank you.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Michael,

From the acts you present, it doesn’t appear the driver has a leg to stand on. There were no apparent injuries, and the damage to both cars was relatively minor. Unless the driver sustained injuries requiring medical treatment, and the medical treatment resulted in thousands of dollars in medical bills and related costs, the driver may just be bluffing.

Unless the voicemail was from an attorney, and that is very unlikely (attorneys send letters, not voicemails) you have nothing to worry about.

Personal injury attorneys only accept cases where they can make a profit. That’s their business, and just like any other business they need to make money. Without “real” injuries such as documentable whiplash, a brain concussion, spinal or back injury, or similar serious injury, the driver has no viable case.

No one likes to receive a phone call implying legal action. You wouldn’t be normal if such a voicemail didn’t upset you, but it’s just a voice mail. If you do get sued, discuss your case with an attorney.

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

Best of luck,

Published: March 10, 2015

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