having taken responsability for a car accident the other driver stated to myself and the police who were attending that they were fine with no injuries. we also met later when taking documents to police and other driver was laughing and saying how much they wanted a new car and how good it was to have happened and showing no signs of injury at all. They are now suing claiming to have sustained injuries to wrist, shoulder, arm, neck and hand, this seems rather a lot to have suddenly came on. Letter from lawyer has my surname wrong and proceeds to say him and he when refering to their client although it was a woman driving. accident did not happen at speed as car moved from stationary. Is this legal.
Answers:
It is legal as pains and realization of injuries can happen at a later time. However, your attorney will be able to use the statements on the police report, and will be able to have the allegedly injured party submit to an independent medical exam to see if she is really injured, and if so, if the injuries are due to the accident.
welcome to america, home of the free and land of the people who want something for nothing.
It is immoral but legal.
Definitely get your ducks in order and make sure that the evidence they are using is legit. Keep track of any harrassing phone calls you receive also.
Anyone can sue for anything. Whether they will prevail or not is another thing. If they accepted the responsibility for the accident, I don't see how they can sue you. I'd change lawyers if you can.
Was an ambulance on scene? Did the other driver sign a Refusal for Treatment form, stating they had no injuries? Can your attorney subpoena ALL medical records showing date of injury and treatment, as well as medical records of x-rays, etc., showing injuries? Contact YOUR attorney, give him the particulars on the accident, show or give him the letter from the other attorney, and let him handle it for you. It is cheaper to pay your attorney to handle this that to try to fight it yourself.
Yes, one can pretty much sue anyone for anything, as long as they can pay the court filing fees.
However, the fact that they were fine after the accident, refused medical treatment, etc., will make their case extremely weak.
By the way, have you actually been sued (i.e. served with an official complaint), or have you only received the attorney's demand letter?
Unfortunately not only is it legal, it is medically possible.
Injuries like muscle injuries and strains can come on days later. I have personally had that happen, where I don't feel the true pain until a day or two afterwards.
What you can do is visit your own lawyer, and explain what you have seen. If the person was found at fault, and is trying to sue you, they are going to lose. But if you were at fault, then you can use all of what you know to damage their case. And that includes the letter sent from the law firm. If the facts are incorrect, then how accurate are the claims of actually looking to sue you.
Speak to your insurance company as well. Explain what is going on. They are going to be the ones that will pay if you are insured, and they will have the resources to truly investigate the allegations.
Good luck!
For the record: You assume fault for hitting a stationary car, that had a woman in the driver's seat. During the police investigation and document gathering, the lady confirms she's fine with NO injuries. But weeks later, you get served papers suing your insurance company for now, the lady claims physical injuries. Always expect the other party to "spin the fortune wheel" in Civil court if you are at fault in any auto accident.
Legal documents print your name wrong, listing the other driver as male and present the other car as moving when in fact it was stationary.
It IS possible this woman's attorney may have allowed these intentional mistakes on official legal record. Why is left to speculate--and who cares if such mistakes get you free of liability.
Best thing to do is quietly get a good attorney to represent you, if your insurance company doesn't provide one.
I understand you are in the USA but the advice I would give in the UK should be of help to you
1) do not deal with it yourself forward all correspondence to your insurance company( you may only loose your excess)
2)Never admit liability make statements only when advised by your insurance company, preferable with a solicitor
3)Voice your suspicions to your insurance company they will investigate fraudulent claims they can demand to see his medical records police reports
4) remember nothing is right or wrong 100% in law or we would not need Lawyers.
5)don't get stressed get even
good luck
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