Personal injury claim against me?

[fiacre68]

I was in a 'tap' accident Sept 20th. You can't even call it an accident. More like I bumped the other woman's car. No scratches or messed up paint, it just looks like a few screws were loosened on the back bumper. The other driver and I were fine. She was the first to get out the car. And now I get a letter saying she's filing a personal injury claim against me and that my insurance doesn't cover it? The letter says: "consequently and in the absence of Bodily Injury Liability coverage, we are unable to consider any claim or settlement demand resulting from those alleged injuries sustained by the claimant in the subject loss."

What does this mean? They do not accept her claim? I have to pay out of pocket? I have pics of her car AND her perfectly fine at the scene.

[dent81]

This is why you have insurance. Contact your company and send them copies of everything you have.

If you can't afford insurance, then you shouldn't be driving, and your likely about to learn a very expensive lesson about driving without insurance.

[colten]

Um, well if you were actually sued, you would be served notice of a summons and complaint. So were you? If not, then it just means the insurance company has denied the woman's claims with the adjustor, and that if the other driver wants to prove she suffered bodily injury, she's going to have to prove it in court, or at the minimum, she's going to have to hire a lawyer and bring a claim, and play hard ball to get it.

When you have only liability insurance, it usually will cover costs up to a policy limit, that the state sets as the minimum for insurance companies to abide by. So, like if the minimum amount was 30k, technically, if the claim was legitimate, they would cover it up to the amount if you really were at fault for injuries. But it sounds like they may think the lady should not have had bodily injuries and are refusing her claim, so that's what they are specifically refusing. They may have agreed to pay an auto repair shop fix the screws or whatever, but if she's now saying she needs a surgery for a back problem, that is actually do to her progressive arthritis, that she couldn't afford to have until this opportune car ding, then they would obviously deny it and make her prove that it was caused all by you. Problem with that is, if she wins, and it goes above the policy limit, you can be liable for the remainder of the judgment beyond the policy. Why don't you just ask the adjustor what it means? And if you need to hire a lawyer or whatever.

[langford59]

Let her take you to court and counter sue for legal cost and expenses based in the fact that it is a fraudulent claim being deliberately lodged against you.

[pete]

Do you or does the camera you took the pictures with have X-Ray vision? There could be internal injuries that your camera could not detect. Also at the time they could seem fine and then an hour later be in pain. Odds are there will be a court date set and she will need to provide medical documentation of any injuries sustained during the accident. Also were the police called to the scene? If so and they offered to call an ambulance for both of you and she refused the cops testimony could be called at a civil case which is what this is. But contary to what someone has pointed out having pictures of her "appearing" to be fine shortly after to accident means nothing over medical documentation.