Accident, who will be assigned fault?

Discussion in 'Stories from the Front Lines' started by Tallyho, Jun 29, 2018.

  1. fishing66

    fishing66 PSL +15 Advanced User

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    @Tallyho, it looks like this is turning into a case of insurance fraud on her part. Will wonders never cease, I used to be a fraud investigator. The minor impact and cosmetic damage to both vehicles absolutely precludes that anyone was injured. Her air bag did not deploy. You can bet your last dollar that you will be receiving a letter from a law firm claiming that the other driver was "seriously" injured. You insurance company will be very interested in the dash cam video in disputing a bodily injury claim against you. One, it shows that she did have some opportunity to slow and/or swerve and did not which places a degree of negligence on her. Two, it shows a minor bump, not a frame-bending crash. It is regrettable that Illinois has no tort threshold and people can make liability claims even for minor soft tissue car accident cases. In NJ, we have a tort threshold wherein you have to sustain a truly serious injury such as a broken bone etc. before you can press a liability claim. She is going to try and run up medical bills like you wouldn't believe. You have some defenses in that she passed the box truck on the right.....chances are, the truck was at PSL as speeding with a CDL is a no-no. The video clearly shows her passing the box truck on the right at a high rate of speed which also helps negate her injury claim.... while you do not acknowledge or accept that she sustained injury, if she did, the injury would have been reduced or eliminated altogether had she been obeying the speed limit. Insurance companies do not like to litigate cases and your carrier may fold like a cheap suit just to get rid of her. Gird yourself for a premium increase if they do that.
     
  2. Tallyho

    Tallyho Premium Member Advanced User Premium Member

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    What's the end game for running up medical bills? Doesn't seem like a net gain for the claimant so what am I missing?
     
  3. sdrawkcab

    sdrawkcab sdrawkcaB|Backwards Beginner User Premium Member

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    When the police came, it’s typical they will ask her if she is injured and if she would like medical attention. IANAL, but It will possibly help your case if she “denied medical attention” - refusing to go with an ambulance to a hospital, or refusing to be looked at by paramedics. Maybe @fireparamed has thoughts from his experience with his profession.


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  4. fishing66

    fishing66 PSL +15 Advanced User

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    Over the years, I handled literally hundreds of cases where the claimant denied injury at the scene and then turned around and claimed that they had been injured. Usually they would say that they were shook up from the accident and the pain set in the day after the accident. I had one case with UPS as the client where there was no property damage to either the UPS truck or the claimants car. A week later, they filed a report of incident with The police were they specifically stated, “we were both injured”. They went to an attorney before they went to a doctor. The attorney sent them to a chiropractor who was in the same building as the attorney. We got the New Jersey Department of insurance fraud involved and those two people wound up paying $5000 each in civil settlement to the state of New Jersey.


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  5. sdrawkcab

    sdrawkcab sdrawkcaB|Backwards Beginner User Premium Member

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    Good! Too bad the fine was only that small for the lawyer. That lawyer will make it back again in 1 hour.
     
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  6. hiddencam

    hiddencam Premium Member Advanced User Premium Member

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    Hope Tallyho helps bring the fraudsters down!

    Screenshot 2018-07-12 at 12.57.53 PM.
    Screenshot 2018-07-12 at 1.01.03 PM.

    (I'm re-watching Breaking Bad at the moment and the discussion brought those images straight to mind!)
     
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  7. fireparamed

    fireparamed Learning to Fly Beginner User

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    Most Fire/EMS Departments will get a signed release on a call like this that states that the person involved and the paramedic currently agree that no emergency care or transport is needed.....but it goes on to say that if they decide that they’ve need future care to recontact EMS or see their own physician or the ER.

    I personally like to document really well on these types of calls...I will quote people when they initially say they aren’t hurt as well as document that the accident was mostly cosmetic damage....it’s generally very easy to see when someone is likely to try and make something out if nothing on scene....I try my best to even the odds by documenting any supporting evidence against the folks that are tying to take advantage of people. It’s very frustrating to say the least.
     
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  8. fishing66

    fishing66 PSL +15 Advanced User

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    The reason for this is that the higher the medical bills, the higher the settlement. The usual way to ballpark a car accident settlement value is to multiply "specials" x 3. Specials are medical bills, lost wages etc. For a soft tissue injury like she is going to claim, it would not surprise me to see her go to a chiropractor for five Quintilian "adjustments". $5000.00 in chiropractor bills x 3=$15,000, knock of 1/3 for her comparative negligence and the insurance company would probably settle for around $10,000.00. there are situations where the "3 x" rule does not apply.....Once again with UPS as a client, their driver broadsided a woman and it one of the injuries was an injured larynx. OK, if I start talking hoarsely, no one will notice or care. She was a renowned opera singer and UPS had to write a much bigger check to pay their peace with her.
     
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