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Can a person sue due to injuries sustained from a car accident?
I was involved in a car accident (my fault) a week ago and all people involved said they were not hurt. Everyone was fine, no airbags deployed. I even saw this man walking around town and picking up his child, and he was fine.
Now apparently I hear he is trying to sue for injuries he got due to the accident?
What kind of nonsense is this? I have full car insurance but I'm worried.
8 Answers
- KrisLv 78 years agoFavorite Answer
do you know what type if injuries the man claims ?
You don't know what kind of pain that person is in.
- LibraryannaLv 78 years ago
It is very common for injuries to not show up until the next day, when muscles have a chance to get stiff and inflamed.
Airbags require a certain kind of impact in a certain area to deploy. If it's an older car, they won't have them on the sides of the car and so it might not matter. For example, if you rear end someone, there's no impact on the front bumper and they won't deploy. So that doesn't mean anything. Amount of damage matters more.
It's not nonsense. In fact, unless it's a very severe accident, I would be more suspicious of someone who said they had injuries right away but no bruising or other signs of obvious injury.
Most such cases settle for less than what your insurance will cover, so not to worry. Making a claim against your insurance is not a lawsuit. A good lawyer won't sue unless the case can't be settled or the time limit is running.
Source(s): Retired lawyer I used to teach medical claims analysis to insurance adjusters. - AlexzandroLv 48 years ago
There is no such thing as completely at fault unless you rearended somebody. Even if they cut you off and hit the breaks, the courts will using make you at fault for not pay attention to the road and acting in discretion to it's conditions. This of course does not apply to outright insurance fraud.
Now, if it was no rear end collision, then they can scale the fault rate and parties will responsible to it's percentage. So if you were 50% at fault then you will only recover 50% of the damages to alleviate the cost of recovery (it can be mental damages, physical damages, property damages, and some States future damages, sexual damages which I forget the name,pain and suffering, are all examples of damages)
Now, symptoms for car accidents are not immediately. I am currently recovering from my injuries and it's been a year since the accident. Delay symptoms are not uncommon.
Insurance will only cover what the policy states in the agreement you signed, and you'll be responsible for the overage costs from the damages.
Cases will usually either be settled (attorneys love fast pay vs clients best interests), mediated (in California if the damages were less than 50,000 dollars but not less than small claims court limits), or contested in Summary of Judgement (when defendant[s] are not contesting the Matter of Law and they or you want Judge to immediately settle Matter of Facts)
- 8 years ago
He can attempt to Sue he has that right but the thing is is that he has to prove the injuries were due to the accident.
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- Anonymous8 years ago
Report this to your insurance carrier and let them straighten it out for you. Tell them all the information of this incident. And my friend you need to consult an attorney as soon as possibble.
Source(s): http://alabama.attorney-group.com/ - Anonymous8 years ago
It will be very hard to prove internally damages as no doctor will write a report.
- Anonymous8 years ago
It happens all the time. If he says he was injured and he gets a medical report to back it up, then he can claim