My wife had a parking lot car accident while she was backing out. The other car was also backing out and hit our car at the rear right back corner. Our car did not suffer any damages while the other driver’s car had the rear light broken.
The accident happened with very minor speed from our car and a bit higher speed from the other car (since the nature of the impact shows that the other car had more damages due to the higher kinetic energy).
It turns out that we both had the same insurance company. Our insurance company decided that it was my wife’s fault for not paying enough attention to her rear while driving. After that the other party decided to file a claim for injuries in this very minor accident. The insurance company turned down the claim since there were only minor damages to her car.
Now after almost one year (this occurred last March), our insurance company received a claim from an attorney who the other person hired to file a claim for compensation. I was thinking of asking for a re-examination of fault and liability in the accident, since our car suffered no damages.
What’s the worst that could happen if I don’t try to fight this claim by the other driver’s attorney? Is there anything I should do with my insurance company? Thanks for any information you can give about this scenario.
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.
You probably aren’t going to like what we are about to tell you, but you really have little or no say in what your insurance company decides to do with the claim.
When you and your wife purchased your vehicle insurance policy, you also purchased a right to “free” legal counsel. That legal counsel will be provided by your insurance company and will only become necessary if the other driver’s attorney is not satisfied with the offer of settlement, if any, from your insurance company, and thus decides to file a lawsuit against your wife.
The only way you can “fight” this claim is to contact the claims adjuster handling the claim and attempt to persuade her not to settle the case.
Regrettably, your attempts to dissuade her may be futile, especially if the claims adjuster believes the cost of the insurance company’s defense of the lawsuit will exceed the demand from the attorney. In that case, there is every likelihood your claims adjuster will settle the case.
If that occurs, there’s always the chance your wife may receive a “black mark” against her policy, and as a result her insurance premiums may be adversely affected.
Learn more here: Parking Lot Accident Claims
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.
Best of luck with your claim,
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