I was involved in a minor accident where I rear-ended someone at around 3 mph. There was a small scratch on their vehicle, but they ended up filing a bodily injury claim against me. This all started when a driver in front of me suddenly brake-checked my car after we had just moved a few feet when the light turned green. He got out, asked if I had insurance, and when I confirmed, he began to cry and called the police.
I noticed there was already pre-existing damage on the side of his car, and the police mentioned they found a minor paint scratch from the incident. The driver claimed to have back and neck pain but refused an ambulance. Later, when I returned to check for any surveillance cameras, I saw him at a nearby car wash still talking after three hours.
Today, I received a letter stating he is suing for bodily injury, and it has me worried. Fortunately, I do have insurance to cover this situation.
My insurance company sent me a letter indicating that the attorney is asking me to release the bodily injury insurance limits and that I need to decide whether to approve or deny this request, but they can’t provide me with any advice. I’m uncertain if they have a solid case.
I’m hesitant about causing any issues, and my initial thought was to sign the release, but my dad advises against it. I would appreciate any advice or feedback on this matter.
Thanks in advance!
(Note: The accident occurred in Long Beach, CA.)
It sounds like you’re in a tough situation, but it’s good that you’re reaching out for advice. Here are some important points to consider:
Insurance Coverage: Since you have insurance, it’s essential to inform your insurance company about any communication or request you receive regarding the claim. Your insurer is there to handle these kinds of incidents, so keep them in the loop.
Understanding the Request: The attorney’s request for you to release the bodily injury insurance limits typically means they want to know how much coverage you have available. This can be a standard part of the claims process. Before you sign anything, it’s crucial to fully understand what you’re agreeing to.
Legal Advice: Your dad is right to suggest caution. It’s generally advisable to consult with a legal professional before agreeing to release any information or signing documents, especially when being sued. They can help you understand your rights, the potential implications of signing the release, and whether or not the claim against you is valid.
Claims Validity: Whether the other party has a strong case depends on various factors, including medical documentation of their reported injuries and the evidence from the accident. It might help to gather any evidence you have, like photos, witness statements, or anything that could support your side of the story regarding pre-existing damages.
Stay Calm and Informed: It’s understandable to feel stressed, but try to stay calm. Your insurance should have a process in place for handling these claims, and they can help you navigate this.
Keep All Communications: Document everything related to the accident and any communications regarding the claim or lawsuit. This could be vital down the line.
In summary, consider seeking legal advice before making any decisions regarding the request. It’s better to be safe and fully informed about your options and what the next steps should be. Good luck!