Visitor Question

Can I fight this bodily injury claim?

Submitted By: Nailyn (Orlando, FL, United States)

My sister was involved in an accident a year ago, where she hit someone from behind while turning. A year later we are receiving a bodily injury claim from the other driver for $6K, and we don’t know if there is a way of fighting this claim.

The guy was not injured after the accident and my auto insurance does not cover bodily injuries. Also, I want to know if I have the right to know how the other party came up with the total of $6200 for his claim. Is there any way I can do this? 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 Nailyn,

Here is the scenario and possible options…

Your sister has already received a letter from the other party or the party’s attorney demanding six thousand dollars in restitution for property damage and/or personal injuries. At the time of the accident, your sister didn’t have insurance covering injuries to a third party. As a result, your sister has substantial exposure.

At this point your sister can:

  • Ignore the letter
  • Write back and tell the injured party your sister didn’t have insurance at the time of the accident, and presently does not have sufficient assets to cover the demand of $6,000.
  • Write to the injured party challenging the claim
  • Pay the amount the party is demanding
  • Write to the party saying your sister does not have sufficient assets, wait to see if your sister is sued, and then if necessary, defend the case in court.

At this point your sister does not have the legal right to know how the injured party arrived at the $6,000.00 figure. If though, the case goes to trial, your sister, or her attorney, can file a set of interrogatories asking how the party arrived at that figure.

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: November 16, 2017

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