Being sued for injuries in accident that I was involved in!

[CindyLou]

OOPS....accident I WASN"T involved it....sorry for the typo!!!

I received a call today from my insurance company informing me that I have been named in a personal injury law suit regarding a supposed accident that occurred on April 19th of this year. Neither my husband nor I have been in an accident! Our Jeep in in pristine condition and has never had any bodywork. There is no police report. They are saying that an "unknown driver" with the description of our vehicle with our license plate rear ended them and then left the scene and they had serious injuries for which they are suing. They didn't even make a claim for property damage or repairs!!! Just injuries. The weird part is that my husband was in the area that day because he had dropped me at the airport. I am just beside myself knowing we have to go through all this crap. I feel like it is a scam of some sort. Why wouldn't someone file a police report for a so called serious accident? This just doesn't make any sense!!

[walkthaplank]

Well... that's why you pay for insurance. Inform the insurance company that you were not involved in any accident, that you believe this is fraud and be done with it. It looks bogus on its face and insurance companies are fighting fraud much more than they used to.

[nc73]

If your car didn't have any damage or repairs where you supposedly hit them it would be pretty easy to prove.

[CindyLou]

If your car didn't have any damage or repairs where you supposedly hit them it would be pretty easy to prove.

That's what I said!!! We are bringing it in first thing monday for an inspection!!!

[Flamingo]

Something is not right here and you know it. At the time of the accident, the people in question would have had the police involved to search for any vehicle meeting the description and/or to inform body shops for vehicles being brought in for front end repair. Your insurance company will handle this and they are used to stuff like this. I am trying to figure out how they got your insurance information on your vehicle and I am assuming their attorney subpoenaed the information. I am amazed that you are just finding out about this now since usually the attorney will contact you first to obtain insurance information. Make sure you get all the information you can as to your whereabouts on that day and time of the accident and get signed, notarized statements from folks you were with at that time and who can verify, provide an alibii, that you were not at the place of the accident at the time at which it occurred.

Keep us informed...

[dscurlock]

I would not worry about it...the very first thing insurance ask for is a police
report...if there is no police report, then it did not happen, and I doubt
any insurance will pay any type of claim without a police report.

did you call your insurance company back to verify that it was
them that actually called you?

[frogger]

They are saying that an "unknown driver" with the description of our vehicle with our license plate rear ended them and then left the scene and they had serious injuries for which they are suing. They didn't even make a claim for property damage or repairs!!!

Let's see.......

Unknown driver
Left the scene
They had the license plate number
They had your vehicle description
No claim for damage or repairs
You are not and have not been arrested already.

If it looks like a duck, walks like a duck, and quacks like a duck, then it's attempted insurance fraud.

If your story is true, then you have nothing to worry about. I would however be very aggressive with my insurance company and insist that they not settle anything.

[dscurlock]

Let's see.......

Unknown driver
Left the scene
They had the license plate number
They had your vehicle description
No claim for damage or repairs
You are not and have not been arrested already.

If it looks like a duck, walks like a duck, and quacks like a duck, then it's attempted insurance fraud.

If your story is true, then you have nothing to worry about. I would however be very aggressive with my insurance company and insist that they not settle anything.

I doubt an insurance company will pay anything without a police report...
how can they investigate properly without a report? They
would be fairly foolish if they did not demand a police report
to do a full investigation...

[frogger]

Never underestimate the stupidity of big business, big insurance, and big government. But of course, they are all one and the same.

[AngelinaCatHub]

Cindy, here is a suggestion; go to your local insurance adjuster. They are all pretty good and know an accident and it's costs on first look. Have an estimate for the 'alleged' damage made by the adjuster. Yes tell him your reason. He can easily see repairs made or not made as they know all the welds and adjustment that would leave a mark. Also invest in a car report (I forget the name) and get a history of your car. All repairs are now reported to 'car fax' is the name.

If this appears to be a trumped up suit, you can cross sue them for fraud or even go to your States Attorney and/or insurance boards. Fraud is felonious, insurance fraud may get them some time in jail.

Do not subrogate your insurance company however. If you take over the case they have reason not to fight in your place.

I assume they have a date and a time of accident. If you have any receipts with a similar date and time, or know where you were at that time, depending on how long ago, there are cameras everywhere.

Even bogus, people like these, 'floor fallers' can cost you a lot of money for no reason.

It is not fair that you can be sued by someone for spitting on the sidewalk, and have to pay for your defense even though they will lose.

Here is what a lawyer will do to recover costs in a suit. They will offer an insult settlement of $10 with a clause that states this is not an admission of guilt and only a settlement of convenience. Then when they loose, since they did not accept the settlement, you can sue for your damages and trouble, and time. 'Hub

[Flamingo]

What the main thing is here for the OP to work on is how these other folks got the name of their insurance carrier when all they had to go on was the license plate. DMV's do not give out that information to anyone calling due to privacy laws. Either an attorney obtained it for them or it's an inside job. CindyLou, your instinct is correct - work closely with your insurance company on this one and have them contact the authorities if it appears to be fraud inasmuch as your private information has been compromised.

[AngelinaCatHub]

What the main thing is here for the OP to work on is how these other folks got the name of their insurance carrier when all they had to go on was the license plate. DMV's do not give out that information to anyone calling due to privacy laws. Either an attorney obtained it for them or it's an inside job. CindyLou, your instinct is correct - work closely with your insurance company on this one and have them contact the authorities if it appears to be fraud inasmuch as your private information has been compromised.

I agree except, it can be found out. I did a bit of skip tracing and you can dig this kind of thing up fairly easy (but not legally). I too suggest to stay on the back of the Insurance company. They are fast to sell insurance but slow to pay out anything. However, (and I hate when this happens) insurance companies are too fast to settle cheaply when threatened.

One thing I like about Walmart is, they will without question exchange or refund purchased merchandise. BUT they will spend thousands of dollars to prosecute a shoplifter who steals a dollar bottle of nail polish. They have zero tolerance for shoplifters.

Too bad insurance companies don't practice the same. They in the long run would benefit and so would their customers. 'Hub

[Flamingo]

To the OP - I am interested...did your insurance company send you the paperwork they received for the lawsuit? Can you post some general information? Usually lawsuits are served directly on the plaintiffs, which would have been you and if your insurance company was named as a plaintiff, served on them also. That service could either be in person or via certified mail, return receipt or via a registered agent (as in the case of your insurance company). I sense scam/fraud unless you can indicate otherwise...

[JRScott]

Depending on how they got the license plate it could well be interpretation. If it came off a video camera of a store etc, most are such poor quality that some letters look the same.

You could probably use that to help dispute it. Suggesting alternatives....

[marie]

something similar happened to us, but it wasn't a lawsuit. we got a letter from our insurance company to say that someone claimed that our truck had hit their car in a Walmart parking lot and then left the scene. we obviously denied it and our truck had no damage. The insurance company sent someone out to inspect the truck, and take pictures, and we never heard anything else. we have no idea who it was our why they would pick out our vehicle.