I was involved in a minor accident where I rear-ended another driver at about 3 mph. There was just a scratch on their vehicle, but they went ahead and filed a bodily injury claim against me. It seems I was found at fault after the other driver unexpectedly brake-checked me. We were at a red light that turned green, and as we moved forward just a few feet, they suddenly slammed on the brakes. After the incident, the driver moved their car forward, got out, and immediately inquired if I had insurance. Once I confirmed that I did, they began to cry and called the police.
I noticed there was pre-existing damage on the side of their car, but when the police arrived, they reported a small paint scratch on their vehicle. The other driver claimed to have back and neck pain but declined an ambulance. Later, I returned to the area to look for any surveillance cameras and saw the driver still at a nearby car wash several hours later.
Now, I’ve received a letter stating that they are suing me for bodily injury, and it’s left me quite anxious. I know I have insurance for situations like this, but I’m unsure how to proceed.
My insurance company sent me a letter informing me that the attorney representing the other driver is requesting the release of my bodily injury insurance limits. I need to either approve or deny this request, but my insurance cannot provide me with legal advice on what to do next.
I’m trying to avoid any complications, so I was considering signing the release, but my dad advised against it. I would really appreciate any guidance on what steps I should take next and whether the other driver has a legitimate case.
Thanks for your help!
(Note: The accident occurred in Long Beach, CA.)
It sounds like you’re in a stressful situation, but it’s good that you have insurance to help you navigate it. Here are some thoughts to consider:
Documentation: Keep all documentation related to the accident, including police reports, any communications with your insurance company, and any correspondence from the other party.
Insurance Guidance: While your insurance company can’t provide specific legal advice, they usually have protocols for handling these kinds of claims. It’s essential to communicate with them and let them know about the situation. They can guide you through the claims process, even if they can’t advise you on the legal specifics.
Legal Advice: It may be a good idea to consult with a personal injury attorney. They can help you understand your rights and potential liabilities in this situation and provide guidance on how to respond to the request from the other party’s attorney.
Releasing Information: Before you sign anything or release any information, it’s crucial to fully understand the implications of doing so. If you release your bodily injury limits, it could potentially expose you to higher financial liability.
Assessment of the Other Party’s Claim: Given that the other driver had pre-existing damage and didn’t seek immediate medical attention, it could weaken their case. However, everyone’s situation is different, and claims can sometimes be unpredictable.
Stay Calm: It’s understandable to feel anxious, but try to remain calm and gather all the necessary information. Being proactive and informed will put you in a better position to handle this.
In summary, consider consulting with a legal professional and proceeding cautiously with any releases regarding your bodily injury limits until you fully understand the potential consequences. Good luck, and I hope everything resolves smoothly for you!