No reported injuries after crash, then four months later they file claim?

by German
(North Carolina)

I was driving with my mother, coming back from college. I was just about to do a turn where there was no stop sign. I looked both ways, making sure nobody was coming from either way.

I saw another car but he was clearly over 100 meters away, just making a turn to the street. So I proceeded with the turn, when he just suddenly started to speed. He must have been doing no less than 60mph in a 35 zone because I saw him doing the turn and speeding up right as he was about to hit my driver's side.

He only managed to hit the rear of the drivers side of my car. His car hit mine and kept going for about 20 feet before stopping. I knew he made no effort to slow down. I called the police to report the crash.

The other driver came to my window and started asking for my insurance information, and claimed he had no license or insurance. The police showed up told him to step away. They asked if anyone was injured and everyone clearly said no. The police report said the same.

Now four months later they are all claiming injuries, which they clearly did at the time of the accident. I just want to know if this is a false claim. How can I find this out? Is there anything I can do to prevent them from filing a false claim against me? Are they committing a crime if they do this? Thank you.

Visitor Question:
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ANSWER for "No reported injuries after crash, then four months later they file claim?":

German (North Carolina):

While the injury claims appear questionable, there is a distinct possibility the symptoms of injuries didn't appear for several hours, or even days after the accident. This is common in "soft tissue" injuries. Soft tissue injuries can include strains and sprains to muscles, tendons, and ligaments, whiplash, hairline fractures, a mild concussion, and similar minor injuries.

Unfortunately, you have little practical control over the investigation and ultimate outcome of the claimants’ property damage and personal injury claims. It is entirely up to your insurance company to investigate the underlying facts of the accident and thereafter to determine if the injury claims have merit.

Of course, your insurance company's claims adjuster will likely speak with you to hear your side of the story, and to the police officer who responded. If there were witnesses, the adjuster will likely speak with them as well.

Have confidence in your insurance company. You can be sure they will not pay any of the injury claims unless the company believes the claims have merit.

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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