Protection for me?

[2o6]

As you guys know, on Feb 21st I totaled my Yaris in an at fault collision, where I hit a brand new Toyota Highlander.


The actual impact was only maybe 25MPH, but because her car was so big and tall, I dove under hers; and it hit my car at all the vulnerable places. Since I only had liability coverage, I got screwed.


I'm starting to feel like she's taking advantage of the situation.....



Upon accident, she was the one running around the scene, rushing the cops, etc. Her car also was totally drivable; geico said the payout on her car was very low (cracked bumper cover).


Now she's seeking medical treatment. OK, whatever.


It's been over a month, and I got a call from Geico saying she's STILL seeking medical treatment.



Is there any recourse for me? anything I can do?

[2o6]

any sort of protection, to make sure she's not frauding me and I don't get a huge medical charge upwards of 100K?


If she really needed the medical treatment, then ok. But this seems really scary.

[giant_mtb]

Is it possible to find out what the "medical treatment" actually is?

[hotrodalex]

Insurance companies are usually pretty good at making sure it's a real injury and not fraud.

[2o6]

Is it possible to find out what the "medical treatment" actually is?

No, and there hasn't been a settlement yet.

[dazzleman]

As you guys know, on Feb 21st I totaled my Yaris in an at fault collision, where I hit a brand new Toyota Highlander.


The actual impact was only maybe 25MPH, but because her car was so big and tall, I dove under hers; and it hit my car at all the vulnerable places. Since I only had liability coverage, I got screwed.


I'm starting to feel like she's taking advantage of the situation.....



Upon accident, she was the one running around the scene, rushing the cops, etc. Her car also was totally drivable; geico said the payout on her car was very low (cracked bumper cover).


Now she's seeking medical treatment. OK, whatever.


It's been over a month, and I got a call from Geico saying she's STILL seeking medical treatment.



Is there any recourse for me? anything I can do?

It's really up to the insurance company to handle it.  That's why you have insurance.  I don't see you being personally liable unless she is awarded amounts over your liability limit, but that's unlikely to happen and it won't be collectable in any case.  Just let it go.

[bing_oh]

Yep, you let your insurance handle the situation. Unless your insurance starts balking about covering you or she sues you personally, there's little you can or even should do. Insurance companies have armies of lawyers and even doctors on retainer to check claims if they think they're bogus...it's all a cost analysis for them.

[Rupert]

The one time actuarial cost analyses and insurance company nitpicking might work to your advantage.

[Xer0]

My mom had a similar experience about 2 years ago where the other driver was complaining about pain this, had insurance bills, supposedly got fired because of the accident and pretty much everything imaginable.  Insurance handled all of it in the background.  There was one court case that she didn't show up to as well but we haven't heard of anything since. 

[sparkplug]

I saw a guy get rear ended on tv. It was so bad I got whiplash.

[Tave]

I'm confused. So Kevin hit someone and now wants to try and prevent her from seeking medical treatment?

[2o6]

I'm confused. So Kevin hit someone and now wants to try and prevent her from seeking medical treatment?

Are you being dense?



I wasn't trying to not have someone seek treatment, but I was simply concerned that with the amount of time that has passed (going on two months now), and the fact she had nearly no damage to her vehicle, and mine was totaled, I just was concerned that I was being taken advantage of - and end up with a huge paper trail legal mess for a fairly minor accident. I didn't want her to run out of insurance and come for me out of pocket, some sort of bogus lawsuit, etc.


However, it looks like most everything is being handled, so maybe I was worrying for nothing.

[GoCougs]

Just a lawyer being a lawyer .

How these things go down is she will try for a settlement for specified damages. If damages are higher than your policy coverage she will take your policy's max amount and then she will make a claim against her own underinsured coverage if she has it. If she doesn't have it she can sue you for the remainder not covered by your policy. Hard to say if they'd do it - probably not though as I'm sure they know you're just a college student.

[GoCougs]

Also, car injuries can be latent, even from small accidents.

[2o6]

I don't think they would, but yet again I'm paranoid and overly cautious. I spoke with my insurance company and they explained better the situation, etc.



It's been three weeks since I've heard about if she's still seeking treatment, but the insurance simply said that they'll compensate her, etc. AFAIK, things should be golden and we should be OK. I'm not really worried anymore.



I just don't want this to turn into "HE HIT ME AND NOW I CAN'T SEE STRAIGHT AND MY HUSBAND LEFT ME I LOST THE HOUSE, SEXUAL DYSFUNCTION" etc....

[Tave]

Are you being dense?



I wasn't trying to not have someone seek treatment, but I was simply concerned that with the amount of time that has passed (going on two months now), and the fact she had nearly no damage to her vehicle, and mine was totaled, I just was concerned that I was being taken advantage of - and end up with a huge paper trail legal mess for a fairly minor accident. I didn't want her to run out of insurance and come for me out of pocket, some sort of bogus lawsuit, etc.

That may well be what's happening, and I understand why the possibility would tick you off, but you also asked whether there was any "recourse" for you personally. I'm curious what you think that might be.

But if she's taking advantage of anyone, she's taking advantage of your insurance company. Why do you care? The whole reason you have insurance (besides the casualty risk) is so that you don't have to worry about this stuff.

[Tave]

2 months really isn't all that long to get in, make an initial diagnosis, schedule a follow-up, refer the patient to a specialist, finish PT, etc... even for a minor injury.

[2o6]

That may well be what's happening, and I understand why the possibility would tick you off, but you also asked whether there was any "recourse" for you personally. I'm curious what you think that might be.

But if she's taking advantage of anyone, she's taking advantage of your insurance company. Why do you care? The whole reason you have insurance (besides the casualty risk) is so that you don't have to worry about this stuff.

I thought she'd personally come after me, but the insurance company (and you guys) told me that's not the case.

I was wondering if there would be anything I could do if that happened, but it looks like there's no need to even come to that.

[Soup DeVille]

I thought she'd personally come after me, but the insurance company (and you guys) told me that's not the case.

I was wondering if there would be anything I could do if that happened, but it looks like there's no need to even come to that.

No lawyer is going to waste his time coming after you personally. Not to be mean; but you don't have anything worth getting.

[bing_oh]

No lawyer is going to waste his time coming after you personally. Not to be mean; but you don't have anything worth getting.

As a matter our course, most lawsuits will name both the individual party (2o6) and the cash cow (the insurance company). Obviously, from a realistic monetary standpoint, they want the insurance company's deep pockets. But, it wouldn't be out of the ordinary to see a "small" judgement against the individual...and none of us would probably be happy about somebody taking, say, $5000 out of our bank account.

[Soup DeVille]

As a matter our course, most lawsuits will name both the individual party (2o6) and the cash cow (the insurance company). Obviously, from a realistic monetary standpoint, they want the insurance company's deep pockets. But, it wouldn't be out of the ordinary to see a "small" judgement against the individual...and none of us would probably be happy about somebody taking, say, $5000 out of our bank account.

Tryin' to make the dude feel more confident about this, killjoy.

Yes, I know thta happens. I don't see it happening in this case.

[bing_oh]

Tryin' to make the dude feel more confident about this, killjoy.

Yes, I know thta happens. I don't see it happening in this case.

Neither do I...and I told him that quite awhile ago. Just throwing the realities of the civil court system out there...

[dazzleman]

Tryin' to make the dude feel more confident about this, killjoy.

Yes, I know thta happens. I don't see it happening in this case.

I'd bet my bottom dollar that there's nothing wrong with this woman and she's faking injury to try to get some money.

[2o6]

I'd bet my bottom dollar that there's nothing wrong with this woman and she's faking injury to try to get some money.

I think so, but there's no proof for me to say that.


Regardless, I just hope she's OK and I can get on with my life

[AutobahnSHO]

Ugh- sorry to hear!!   Hopefully you won't have to stress about it too much longer.

-------------------
I felt myself very very fortunate when I totalled my Caravan in 2009 by t-boning a red cadillac that everyone seemed ok, and the other Dude didn't get all crazy.

He even showed up at court when I pled guilty and paid a $200-something ticket for failure to yield. I shook his hand and asked if everyone was ok, he said yes and we parted ways. Later I wished I'd gotten his address to send a "sorry" note...

[Soup DeVille]

Ugh- sorry to hear!!   Hopefully you won't have to stress about it too much longer.

-------------------
I felt myself very very fortunate when I totalled my Caravan in 2009 by t-boning a red cadillac that everyone seemed ok, and the other Dude didn't get all crazy.

He even showed up at court when I pled guilty and paid a $200-something ticket for failure to yield. I shook his hand and asked if everyone was ok, he said yes and we parted ways. Later I wished I'd gotten his address to send a "sorry" note...

In general, there are more people like that than like the other.

[AutobahnSHO]

In general, there are more people like that than like the other.

Yet our entire civilization revolves around keeping the crazies, the power-hungries, the nutjobs who do not care about others- in check.

Our legal system and the myriad of laws and our military, in fact government itself- are all because people don't treat each other nicely.

[2o6]

Got a letter from Geico. Claim is still open.


From the gist of the letter, someone is not happy with the payout.

[AutobahnSHO]

Not surprising, hope it finishes up soon without stress for you.