Visitor Question

Minor fender bender claim is growing out of control…

Submitted By: Heather (Las Vegas, Nevada)

I pulled into a gas station and didn’t see a vehicle as it came around a large truck. I hit the front left panel of her car in front of the tire. My car had a small scratch. I was going too fast for a parking lot, maybe close to 15/20 mph.

The woman I hit was nice and everything was fine, until I wouldn’t let her take a picture of my license. She got upset. She asked to take a picture of me so she could prove who was driving the car. To lighten the mood I made a silly face and she became furious.

A security guard came out to check on the situation. Everyone involved in the accident was fine, and all admitted we were fine. Then her boyfriend showed up. She could have cut me in half with the looks she gave me as I drove away. I knew it wasn’t going to be good for me.

Three days later, she called my insurance company screaming in pain. She said it was so horrible and that she was writhing in pain. She decided to get an attorney.

Six months later, my insurance sent me the packet of paperwork with regards to her claim. Her list of symptoms is ridiculous. They found a doctor who examined her and he claims she has an inferior glenohumeral ligament in her shoulder, along with other problems. This type of ligament tear is one common to throwing athletes and heavy weight lifters. It can also happen with intense trauma to the shoulder from a fall, hit or repetitive motion.

Her hands were on her steering wheel at the time of the collision, her left hand holding her cigarettes. Plus, from the angle where I hit her, she would not have been hit by her door or jarred by her wheel in any way. Not to mention this wasn’t a high speed collision!

I have worked at a med spa in the past, and saw one of the chiropractors make up symptoms for certain lawyers that they got kick-backs from. What do I do with this?

I checked her Facebook account, and she mysteriously stopped posting anything after the accident, even though she posted regularly before it. I almost want to hire a private investigator to follow her to see what is really going on.

So far her medical bills are over $18,000. My insurance is covering about $15,000 so far. What can I do? Should I get a lawyer? Hire an investigator? Sit in front of her house to prove she is fine as soon as she lifts that shoulder?

I’m having major anxiety over this whole awful situation. Please help with any thoughts you might have.

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 Heather,

These types of scenarios occur all the time. Try not to be frustrated. The truth will come out. While the other driver’s injuries may sound exaggerated, there is a real possibility those injures are real. Many symptoms of injuries do not manifest themselves for hours, and even days after a collision.

Your insurance company will not blindly pay money to the driver. The last thing your insurance company wants to do is pay out money they don’t have to pay. This is especially true for property damage and injury claims the insurance company believes are wholly unsubstantiated.

Your insurance company’s claims adjuster will thoroughly investigate the collision, and the driver’s alleged injuries. The adjuster will then only compensate the driver upon receipt of credible medical proof.

You do not need to retain an attorney. In the event the driver isn’t satisfied with the offer of settlement from your insurance company, and decides to file suit, you will be provided an attorney at no cost from your insurance company. You will be protected by your insurance company up to the limits of your policy.

Do not sit outside the driver’s home for any reason. Doing so can be interpreted by the driver as the crime of Stalking. Under Nevada Revised Statutes § 200.575

“A person who, without lawful authority, willfully or maliciously engages in a course of conduct that would cause a reasonable person to feel terrorized, frightened, intimidated, harassed or fearful for the immediate safety of a family or household member, and that actually causes the victim to feel terrorized, frightened, intimidated, harassed or fearful for the immediate safety of a family or household member, commits the crime of stalking.”

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: October 19, 2017

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