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Accuser's false medical expenses

Discussion in 'Auto Accidents, Injuries' started by Carastep, Jul 14, 2008.

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  1. Carastep

    Carastep Law Topic Starter New Member

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    Last year my husband was involved in a minor fender-bender. Both drivers were driving straight when they both seemed to drive into each other...not really sure. My husband stated for the police report that he did not know what happened & the other driver said he pulled into her lane.

    Our insurance company went with the police report and paid to cover her expenses, $8,000 dollars worth for the front fender & side panel of her 5 year old Lexus. My husband's new Pontiac GTO side panel totalled around $2,000.

    My husband called 911 and an officer arrived. They had already driven the cars to a side parking lot when the officer arrived. I also arrived at the scene moments later.

    Being nice, I smiled in concern for the other driver, who smiled back. She did not display any signs of pain or suffering. She left the scene probably 10 minutes later while my husband & I stayed for another 30 minutes or so making calls to our insurance company.

    My husband has not had any pain or suffering, yet it appears the other driver has. The next day she went to a lawyer & then to a pain specialist receiving almost $15,000 in medical treatment & pain killers. That was just the beginning as she now has racked up much more. Now she is sueing our insurance company & ourselves.

    My husband has met with the insurance company's attorney who gave us this additional information. Is there anything we can do to stop the accuser from continuing to seek medical damages when the accident was so minimal? No pictures were taken of the scene, only of the cars by the insurance companies. As it turns out the nose of her car was damaged and the side of my husband's car was damaged. This leads us to believe it was actually her who pulled into my husband. He was a bit shocked that it all happened but still does not believe he pulled into her.

    So, she has lied about it being his fault, and the police report states that as well. In addition, our insurance company has already paid for her car. We only had 100k worth of coverage and then we could be liable for any remaining charges. How can we stop this before it gets out of hand? Please help.

    The accident occured in Baton Rouge, LA...probably one of the worst places to be sued.

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