by smith123 » Sat May 09, 2009 04:45 am
I have a relative who was involved with 100 % at fault accident. He/She hit the rear bumper of the front car. The victim and my relative agreed to settle thru relative's own insurance. Apparently there was no damage to my relatives car except that the license plate had some minor scratch, which hit the other persons rear bumper. The status:
1. Property damage stettled for $2000 (For Mercedez)
2. Bodily injury, open since 1 month
Not sure what the law is with respect to bodily injury. He is worried that the victim has now hired an attorney. Everything looked okay at the spot, the victim and insurance did not agree to the request to call the police or ambulance. Everyone drew away after reporting to insurance.
The question is how would the texas law govern the whole incident based on a fair judgement of the case. It would be unreasonable if the claim is dragged for a longer period of time, and the monetary amount is aggravete
1. Property damage stettled for $2000 (For Mercedez)
2. Bodily injury, open since 1 month
Not sure what the law is with respect to bodily injury. He is worried that the victim has now hired an attorney. Everything looked okay at the spot, the victim and insurance did not agree to the request to call the police or ambulance. Everyone drew away after reporting to insurance.
The question is how would the texas law govern the whole incident based on a fair judgement of the case. It would be unreasonable if the claim is dragged for a longer period of time, and the monetary amount is aggravete
Posted: Sat May 09, 2009 05:23 am Post Subject:
Hi Smith, before answering your question I want to know, why have you chosen the insurance fraud forum to post it? Do you suspect that the other motorist would file fraudulent claim?
Regarding his getting an attorney...many just get hold of an atty even before trying to negotiate the matter themselves.
Smith, do you have an idea what the total medical bill of the other party is?
Posted: Sat May 09, 2009 07:13 am Post Subject: Thanks
jeorge,
Thanks for your reply. Regarding your question, as I have mentioned that was nothing on the spot to warrant a medical attention. Of course the other person has a right to claim bodily injury, but that collusion would nor really have any injury. As my relative said that they both talked to each other, everything looked okay, and that person requested not to call police for just an accident that could be settled thru insurance. If its only a question of rights, but not moral or ethics then its fair to say that there is no fraudulant motives. But as we notice while travelling, there are so many bumps on the road that we feel the jerk, would someone go and sue the road authorities, unless that person has sustained injuries that will warrant legal action. Regarding the medical amounts, its uncertain, and its stilll in process. Only the insurance companies might have an insight, they attorney might be thinking of some wide game plans to generate medical bills.
What would the texas law govern under such malafide intentions, which is hurting the poor drivers by way of augmented premiums? Okay the fault is admitted, but property damage is paid. why the rights and entitilements of bodily injury which is a very subjective topic, and is only used as a source of minting money
Posted: Sat May 09, 2009 11:00 am Post Subject:
Smith says:
But as we notice while travelling, there are so many bumps on the road that we feel the jerk, would someone go and sue the road authorities,
So, according to you the driver bumped into the car in front of him because of the bumps in the road, IMO that's not a sufficient reason to avoid the fault.
Regarding no injuries reported at the time of accident, well, in many cases pains may develop later on (and that is especially with the case of soft tissue injuries). Has the other driver filed bodily injury claim with your relative’s insurer? Don't worry; the insurance company isn't going to throw the money like that, that is the adjusters are for. They would scrutinize the claim filed by the claimant before acknowledging it.
Jeremy
Posted: Sat May 09, 2009 11:06 am Post Subject:
The question is how would the texas law govern the whole incident based on a fair judgement of the case. It would be unreasonable if the claim is dragged for a longer period of time, and the monetary amount is aggravete
Smith, first off just because the 'injured' party got an attorney in no way means there will be a lawsuit in fact I'd bet there will not be only about 5% or so go to trial...some people have the idea if they get a lawyer their settlement will be higher, or they won't get 'screwed' by the big bad, cold, mean tempered ins. adjuster...this happens daily...Also these types of b.i. happen daily, little to no damage to the vehicle (however 2k in damage even to a benz is NOT a tiny tap)..everyone fine at the scene, them bam a week later they 'lawyer up' and are hurt...multiple times a day this happens...Texas court system (as I said) will never see this case...the adjuster for your relative will handle the injury claim and it will settle in due course...can they drag it out? course they can...can they ask for a crazy amount of money? course they can and will..does that mean your relatives adjuster will pay that amount? no way...they will be offered and finally pay what makes sense for this claim/injury...
Tell your relative to not worry about it, check in with their adjuster from time to time if they want to see if it settled...but there is nothing your relative can do if this person is inflating an injury, I'd hazard a guess that a good 50% of the injury claims I see are inflated...we're used to it :wink:
Also re: your relatives premiums increasing they would've increased based on the property damage claim alone, so this most likely will have no additional affect on that..unless he was on 'shaky' ground to begin with re: his policy (high risk, multiple claims etc).
Let us know if we can assit in any other way, we'd be happy to.
Posted: Sat May 09, 2009 02:20 pm Post Subject: thanks, Lori
Lori, thanks for'r prompt response. The answers are very good, and informative. But the facts are appalling. Reg the questions, here's the answers:
Amt $2000. It's very likely that the entire bumper is got replaced/ or the bumper got repaired from dealer instead of a body shop, that gonna be expensive. There were some minor scratches on rear bumper that was visible. However, if one goes by sheer amount rather than substance of the issue, then it's not a small amount of property damage. Any minor dents will cost a $1000 or so get it repaired, thats the reason why we see so many cars on road with dent. I am not sure why the amount is factored into overlooking the incident. You bet, there would be hardly any collusion with a PI of less than $1000.
Why would the other person or the insurance representative not agree to call the police if ever they would like to file a BI?
Honestly, I am worried about my relative, he is very ignorant about the frauds, and accidents that leads to these frauds. Bodily injury is very subjective topic, and once the person gets an opportunity to get a bodily injury claim while in a no fault accident, then he will jump to it. Ofcourse insurance adjusters will handle it, however, the very fact that my relative is at fault, it will subside everything and the assessmet/ judgement wont be fair.
My last question: What if the amount agreed/ awarded is more than the insurance coverage, and the other person does not have underinsurance/ or would not like to utilize underinsurance? Will that make my relative liable? would there ever be imprisonment, etc?
Thanks again for the help.
Posted: Sun May 10, 2009 10:51 am Post Subject:
Why would the other person or the insurance representative not agree to call the police if ever they would like to file a BI?
The ins rep has nothing to do with calling the police from the accident scene...and if they weren't called then, it makes little to no sense to call them after in this type of accident...in fact the only thing calling the police would've done in this wreck is get your relative a big fat ticket...Bodily injury is very subjective topic, and once the person gets an opportunity to get a bodily injury claim while in a no fault accident, then he will jump to it. Ofcourse insurance adjusters will handle it, however, .
BI's are subjective, but the adjuster will not allow this person to be paid a ton of money on a minor impact....as far asthe very fact that my relative is at fault, it will subside everything and the assessmet/ judgement wont be fair
why would you say it would not be 'fair'? that doesn't make any sense to me...because your relative is at fault, then yes, they automatically will be the one paying for the damage and injury (thru their ins company)...but it in no way makes the assessment of the injury unfair, remember it's still your relatives ins company making this assessment...Will you or your relative think ANY settlement is fair? probably not...will you and your relative think ANY settlement is too high? probably...but that doesn't change the fact your relative rearended another vehicle causing 2k in damages, (and I'm sorry I write damage estimates all day long...2k wasn't replacing this bumper cover only most likely there was damage behind the cover)...making your relative 100% responsible for this damage and injury regardless of how small...you can debate it's merit all day, ''but for'' your relative hitting this vehicle there would be no claim...My last question: What if the amount agreed/ awarded is more than the insurance coverage, and the other person does not have underinsurance/ or would not like to utilize underinsurance? Will that make my relative liable? would there ever be imprisonment, etc?
First off I seriously doubt this will be a limits claim. What is your relatives bodily injury limits? Most likely they are AT LEAST 10/20, meaning 10k max per accident...again from the information you've provided I don't see the injury getting that high...secondly if it did for whatever reason, and the other person has UIM (under ins. motorist) they don't have a choice they have to use it, if they think the injury was worth more...then their carrier has to agree it was worth more...Never ever is their imprisonment for this...absolutely worse case scenior (and won't happpen)...would be that the other party gets an 'excess judgement' meaning the judgement is higher than your relatives limits...then they collect that excess from your relative...again won't happen...What are your relatives BI limits?
Are you 100% certain there was no damage to your relatives vehicle? I find this very hard to believe...or are you assuming so? or did your relative just no want to file the claim under their collision coverage?
Posted: Sun May 10, 2009 11:29 am Post Subject:
(smith left following in my quick message box):
Hi Lori.. my question, in case of underinsurance what would be consequence. Will the driver at fault be personally liable? Would he need to file for bankrupcy to protect
The injured party can only file for a UIM claim if your relatives policy pays it's BI limits...and then the other carrier (injured party's carrier) has to agree that the injury is indeed valued in excess of said limits...no filing for bankruptcy won't help anything...again, what are your relatives bi limits? Is your relative fairly wealthy? Alot of assets? Again, from your discription, appears there is no danger of this happening...unless your relative has like 2-5k bi limits..then maybe...also you don't know what the claimed injuries are do you?Posted: Sun May 10, 2009 03:02 pm Post Subject:
thanks for your response... it's not me, but a relative of me, who stayed here and this happened.
I believe, it's the insurance representative that reported that an attorney is hired by other person after 1 month of accident. Whether it's internal injury or not, we would not know, since the insurance co will not pass on that infrmation
Posted: Mon May 11, 2009 04:18 am Post Subject:
thanks for your response... it's not me, but a relative of me, who stayed here and this happened.
Smith, I think now I've got your reason to worry so much..... Is your relative staying with you? Was it your car that he was driving at the time of accident?
Posted: Mon May 11, 2009 12:44 pm Post Subject:
Their own car. By the way, I am just helping them by seeking expert opinion, coz I believe they are ignorant and would be likely treated unfairly.
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