Should I be worried - Personal Injury Lawyer

[DanEC]

See what you think of this -

Two years ago in early May I was involved in my first accident (at 62 years age). On my way to work, I was passing in front of an entrance to a school when a teacher's aid made a left turn to enter the parking lot and ran into the side of my 2008 Mustang GT. In other words, I was just tooling down the street at 25 +/- mph when a SUV wheeled right into the side of my front fender and door and knocked me off the road. She was driving into the sun and ether didn't see me, wasn't paying attention - who knows. My pass door was literally ripped off the hinges (but crammed into the rear quarter) and the car was totaled by my insurance company but I was uninjured (which amazed the Police). The entire left, front of her SUV was ripped off and the wheel folded underneath, but she was out walking around and appeared uninjured.

She was ticketed but the Cop told me that in his words more or less, she was making up crazy stories that somehow I was to blame for the accident. The Cop told me she didn't make any sense at all and it was a cut and dried case of failing to yield on her part.

She gave false insurance information and my company (GEICO) recommended using my coverage so I could move on with getting some new transportation. They made me a good settlement and I picked up the $1,000 deductible and bought another Mustang GT. GEICO then uncovered that she did have insurance and they filed claim against them for the damages, including my deductible and some misc costs (CDs jammed in the player, small stuff). Her newly identified insurance said they would not settle until she first went to court. I understand she went to court on the ticket - not sure of exact outcome but her insurance then reimbursed GEICO, paid my deductible and covered my misc charges (like $100). I signed a release with them at that time.

All was settled and seemed good.

Yesterday - 2 years later - I receive an email from GEICO advising that their attempts to settle with the other driver on her injury claims had failed and there was a possibility I could be receiving a letter from her attorney. If I did, I was to contact GEICO immediately. Apparently, she has been still trying to get someone to pay for some unspecified injury treatment all this time - which I was unaware of. I'm feel certain that when GEICO says they failed to settle, they mean we denied any responsibility. I have a letter from GEICO saying I had "zero" responsibility for the accident. Unfortunately, I switched from GEICO to State Farm 6 months ago.

This ditzy idiot nearly killed me. If she had turned a fraction of a second earlier it would have been head on. I was driving down a open road without any responsibility for yielding, signaling, or anything and she drove right into the side of my car.

No letter from a lawyer yet - but should I be worried about this?

[Ron61]

Dan,

I am no lawyer but years ago I was rear ended while setting at a red light in the center lane. The police told me that I had nothing to worry about, there were a lot of witnesses, and I got a copy of the police report, plus all the other insurance papers that were involved in this mess. I also checked to see if the idiot that hit me had filed any injury reports and he hadn't. Then about 1 year later I received a letter from some lawyer that was supposed to be representing him that I had to pay for his medical bills. Fortunately I had all of the papers from the police, Insurance companies, and the report that he had stated he wasn't injured. I just made copies of them, sent them to the lawyer and told him that jerk could go to He**. About a week later I received another letter from his lawyer telling me that he was sorry he had bothered me and he no longer represented that person.

So if you can get hold of all of the reports and Insurance papers that were involved in your mess, plus find out if she claimed any injury at the time, I would thing that you would have about the same easy case that I had.

Ron

[DanEC]

Thanks Ron

I saved all my papers from the accident and settlement including the police report. I think the police report did mention she complained of some aches or pains - nothing specific or obvious. if some hearing did result out of this I think the first person I would try to get called would be the policeman. He thought she was off her rocker. He told me that even if I had been going 100 mph through there (which I wasn't - it's a broken joint concrete road so in a stiff Mustang GT I was always going pretty slow) it was still 100% her fault.

I've been out of town and my wife kept this from me until I got back last night so I haven't had a chance to call GEICO yet and get the rest of the story. I hate injury lawyers - must have received 15 unsolicited offers of representation after the accident that I threw in the trash.

I thought this was all history - but very upsetting to me now.

Dan

[bobcowan]

Peoaple can (and do) sue for anything. Whether they have a case or not, they can still file a suite and try and get money. It works, because many times the insurance company will decide that it's easier and cheaper to simply write them a check.

Unfortunately, you're stuck in the middle of that.

I would collect all that paperwork from 2 years ago, and stand by. Contact Geico today, and ask what kind of legal assistance is available; they have 24/7 customer assistance. It may come to nothing at all. But it doesn't hurt to be prepared.

Also, don't sweat it too much. I know that's easy for me to say on this side of the keyboard. But if you're prepared and ready to hit back hard, it will come to pretty much nothing. It will cost you some time and money - but what doesn't?

[DanEC]

I'm pretty sure my caseworker is not available on weekends and I would prefer to talk to her - I remember her name from 2 years ago. I'll call Monday morning.

Thanks

Edit: I called the GEICO claims handler today and she advised the other driver obtained this personal injury attorney right after the accident and attempted to get some compensation for injuries from GEICO - which the refused. Apparently they hadn't heard from them in a very long time either until they received a "demand" letter from the attorney. She said they refused their demand on the basis of zero liability for her injuries and they notified me so I would be aware of this.

Hopefully the attorney is just trying to close his file and pacify his client and that's the end of it.

Curious though - why would she not seek coverage of her alleged injuries through her own insurance which accepted responsibility for damages? They ended up shelling out about $25,000 to replace my totaled Mustang - what difference would a few thousand in medical bills had made to them? Since she provided the police with false insurance information I've wondered if this was someone else's car and if she wasn't covered as an authorized driver?

Anyway - I've calmed down somewhat now so I'll see if anything happens.