How common is it for people to be sued over a car accident?

[nzwasp]

So my friend rear ended some lady and she didn't follow the car insurance process, he did however, anyway for whatever reason the insurance company didn't pay out to the lady even though he was at fault.

Fast forward a few months. This lady is now suing him personally for causing her to have all these injuries for a less than 20Kph accident (there was no damage to either vehicle). Isnt this what your liability insurance is for on your car insurance?

My wife is now wondering if I would also be subject to the same situation because I also had an at-fault low speed collision last year however in my case the other party and I were both insured by the same provider and we both went through insurance, I was determined at fault and the lady was paid out, the day after this determination she lodged a medical claim against my policy however the agent told me that it takes months and months to settle because they want to limit their liability and I presume they check with doctors and hospitals for evidence of all the injuries she claimed on.

[eglove]

Almost always - you have what 3 years to file for soft tissue claims

[nzwasp]

But say someone sues you in this example - I would expect your insurance company to be stepping up and representing you that the whole reason you have insurance and liability insurance to protect your personal assets from being used to settle this sort of shit.

Its not his problem she didnt follow the insurance process.

[Masked Bandit]

But say someone sues you in this example - I would expect your insurance company to be stepping up and representing you that the whole reason you have insurance and liability insurance to protect your personal assets from being used to settle this sort of shit.

Its not his problem she didnt follow the insurance process.

All your friend needs to do is hand this over to his insurance company and they will take care of it. This will be covered by his liability portion of his policy.

[Rocket1k78]

All your friend needs to do is hand this over to his insurance company and they will take care of it. This will be covered by his liability portion of his policy.

You shouldve at least let this go for a couple hours to see how many BS answers wouldve been posted lol

[dirtsniffer]

All your friend needs to do is hand this over to his insurance company and they will take care of it. This will be covered by his liability portion of his policy.

/endthread

[nzwasp]

All your friend needs to do is hand this over to his insurance company and they will take care of it. This will be covered by his liability portion of his policy.

This is how I thought it should work and Im glad that is the case.

I guess this guy reckons he will get screwed because it never went through insurance, and so now he loses his no claims or whatever bonus. He had on tape her telling him it was no problem, and she wasnt going to claim and she wasnt injured, unsure how a taped conversation stands up in court though.

[Masked Bandit]

This is how I thought it should work and Im glad that is the case.

I guess this guy reckons he will get screwed because it never went through insurance, and so now he loses his no claims or whatever bonus. He had on tape her telling him it was no problem, and she wasnt going to claim and she wasnt injured, unsure how a taped conversation stands up in court though.

It's irrelevant. She has two years to change her mind. Maybe she was fine (physically) just after the accident but problems developed a month or two later. Chances are she's completely full of shit and just looking to get paid but in the end it doesn't matter. All that matters is that your buddy hit her from behind, period. Shitty people are going to be shitty unfortunately.

- - - Updated - - -


You shouldve at least let this go for a couple hours to see how many BS answers wouldve been posted lol

lol...now there's a strategy I haven't thought to employ in the past. It could provide some solid content and entertainment!

[civicHB]

Isn't there a cap on these kind of injuries? would it be capped at soft tissue or can she claim anything

[mr2mike]

BS Answer. Your buddy is in trouble. Should change his name and start wearing a wig.

[Zero102]

I once had this explained to me by a lawyer and this is what they said:

They have to name as many people as possible when they file, because if any of them find a way to weasel out of paying, such as if the policy is void/fraudulent or if the amount exceeds the limits of the policy the other people need to be named because they will have to pay.

For example, with your friend, the person they hit will sue both your friend and his insurance company. If your friend's insurance is valid then the insurance company is bound to pay the cost, however, if the insurance company finds a way to weasel out of the claim your friend would be liable. Generally for your friend, if the claim is under the limit of their policy, they weren't drunk (or otherwise voiding their policy), and didn't lie to obtain the insurance policy there is no concern.

[dirtsniffer]

^FWIW if you are hit and injured by a drunk driver their policy will still have to pay for your damages and injuries. They will not cover or compensate the drunk person though.

[speedog]

Isn't there a cap on these kind of injuries? would it be capped at soft tissue or can she claim anything

Yupp but if you want more you sue. The cap is really nothing if you're dealing with chronic pain or numbness for the rest of your life.

Going through thus with my wife for the past three years after she was t-boned by a red light runner and crushed between two vehicles - she's had chronic pain and numbness in her arms, back and neck since then and it doesn't appear it'll ever go away. It's been a long road already and there's still plenty to traverse on the horizon, document everything.

Also the caps are not has clear cut as they appear, there's plenty of grey areas.

[Masked Bandit]

Isn't there a cap on these kind of injuries? would it be capped at soft tissue or can she claim anything

In theory, yes (currently set at $5080 for pain & suffering) but as I've mentioned in other threads recently the lawyers seem to have figured out how to get around it and we're seeing stupid numbers come through on relatively small claims.

[LadyLuck]

the agent told me that it takes months and months to settle because they want to limit their liability and I presume they check with doctors and hospitals for evidence of all the injuries she claimed on.

Try years, It's been 4 years since my accident and still dealing with it. Your friend shouldn't have anything to worry about, the insurance companies handle everything.

[googe]

Haha $5000. You Canadians and your "lawsuits" are adorable :rofl:

Get rear ended down here and you can take a couple years off work with the payout!

[Xtrema]

Isn't there a cap on these kind of injuries? would it be capped at soft tissue or can she claim anything

https://vogel-llp.ca/low-speed-collision-no-injury/

I guess that's the stupid number Masked is talking about.

Last time I got side swiped by a Jag 10+ years ago, I got the max for soft tissue and then whatever out of pocket (insurance didn't cover everything on repair, want to only replace 1 winter tire instead of the front pair) and wages lost.

Fast forward today, my doctor diagnose bone spur in my neck and who know if it was that incidents or not but I wished I sued for more.