#LegalAdvice #CarAccident #SuedFor2Million
Hey everyone,
I need your help and advice on a situation that’s giving me major stress. Two years ago, I was in a minor accident in Queens, NY, where the other driver suddenly claimed to be injured after a firetruck showed up. Now, she’s suing me and my dad for a whopping $2 million 🤯. Here’s the catch – the police never showed up that day, so I’m confused how she has a police report now.
Here are some key points:
– The lady was aggressive and claimed injury after the firetruck arrived
– The police didn’t come to the scene, but she now has a police report
– She’s suing for $2 million, and our insurance might not cover it all
– I’m freaking out as this could financially ruin my family
What are your thoughts? Any advice on how to handle this or reassurance about my chances? I’m at a loss here. Worrying about this lawsuit is consuming me, and I could really use some guidance.
Possible solution:
– Talk to a different lawyer for a second opinion
– Gather all evidence from the day of the accident
– Consider negotiating a settlement with the insurance company
Thanks in advance for your help and support! Your insights could make a huge difference for me.
There is nothing you can do at this point. Let the attorneys handle it.
Asking for a hugely unrealistic sum of money in a lawsuit is routine and has little or no bearing on what the person filing the suit might win (if they do in fact win).
I handle NY.
If your accident happened any of the boroughs you’re in one of the most expensive venues in the country.
The good news is very little actually goes into actual court and to a judgement.
My guess is that your insurance and the other attorney could not come to an agreement and the attorney is making a play for policy limits. What were your bodily injury limits at the time? If they were low it’s almost a guarantee they’re making a play for your limits.
Call your adjuster, not your defense attorney, and ask them what’s going on.
Relax and let the insurance companies handle it. They will settle this for the max of the insurance and the other side will take it and go away.
Were you employed by your dad’s company at the time of the accident?
If so it’s the employer’s responsibility assuming you were acting reasonably within the duties of your employment. If the company’s insurance limits aren’t high enough they could conceivably go after the company but not you individually unless you are an owner of the company (and even then that’s a long walk).
I’m less sure on how this would work out if you had a less formal arrangement like helping with the family business but not actually an employee, but I suspect the rules in that scenario would generally protect you individually as well as that would be what is in the best interest of public policy absent some kind of obvious abuse of that arrangement meant to avoid liability.
Either way a $2M ask for a fender bender is absurd and they know they will never get that much. Let the insurance company work it out and I would be shocked if they didn’t settle within policy limits.
The other side knows you’re a kid with no assets who could file bankruptcy and wipe your slate clean (after 7 or 10 years your credit file would be clean also). Your lawyer (paid by your insurer with luck) can throw that in their face and get a release.
Retired NY lawyer
There is nothing you can do. Let your insurance company evaluate the claim and figure out their strategy.
I’ve been in the insurance industry for years and seen this many times. The settlement demand is always high to start with. Attorneys throw mud against the wall to see what sticks. She would have to prove she was seriously hurt like a paraplegic, to collect $2 million. Your insurance company will demand all sorts of medical records from the other side and look at the damage to the cars themselves. A fender bender does not cause that kind of damage. The insurance company will settle within your policy limits. The other party will except. Believe me, the other party would be incredibly stupid to take it before a jury, and they know that. I am very sure based on 38 years of experience, that your safe.
OP I got for like 400k for a fender bender. They settled with my insurance company for 25k. It’s just a scare tactic.
U ever haggle and start the price high ? I’d sleep at night my guy.
I’ve been the plaintiff in a situation like this, albeit not a 2 million dollar case. I know that amount is terrifying but if what you describe is true, then you don’t need to panic. There is A LOT that the other party will need to demonstrate before they get a settlement or successfully sue.
Now, in my accident, the other person slammed into me hard — hard enough to render my car non-operational at the scene, requiring a tow. Keep that in mind, as your accident sounds quite small in comparison. I did not go to the ED that night, but did the next morning as I was in quite a bit of pain when the adrenaline subsided and bruising appeared.
As the plaintiff, here is what I had to do to “win” my settlement and what this person would likely need to do as well.
1. Provide the police report and photographs of the accident and all damage to my vehicle. My vehicle was also inspected by my insurance company since it was totaled.
2. Provide all relevant medical records. This included my ED visit, primary care doctor visits, x-rays, MRI results, neuromuscular test results, physical therapy records, etc. I had lots of doctor visits with imaging to back up my claims of pain and tissue damage.
3. Be evaluated by a neutral third party physician (which in actuality is selected by the opposition’s insurance so take that as you will.)
4. Provide a deposition recounting the accident itself and the effects I felt after. This was not accusatory, just stating the facts, to include how my life was impacted afterwards. This was conducted by the opposing counsel, with my lawyer present as well. This was likely compared to the records provided from 1 and 2.
5. There is also a chance I was quietly observed by an investigator from the opposing insurance party to make sure I wasn’t lying. (Aka not powerlifting at the gym if I claim I can’t carry heavy objects.) I never noticed it, but I know this can happen in injury cases like workman’s comp claims.
This person is likely suing because it keeps the window of settling open. Many places have a statute of limitations for accident claims. In my case, a court case had to be filed within 2 years of the accident. So even though we ended up settling, a court case was still filed within that 2 year period to keep the conversation “alive”. The final settlement didn’t occur until between years 2 and 3.
And note that they can make allllll the claims they want, and even kickstart a court case against you, but they cannot successfully sue you for damages that they cannot provide a shred of evidence for. And even then, the settlement or final amount will be dependent on the actual damages incurred. To give you perspective, my accident resulted in some damage to my vertebral column/permanent nerve damage and thousands in medical bills and my settlement was for policy limits which in my case was 6 figures, not a million+ dollars.
Just work with your insurance company and provide them with anything that demonstrates the opposing party’s lack of damages, like the accident photos to show the lack of vehicle damage. The likelihood that this settles before ever hitting a courtroom floor is very high. Hope this helps.
A private investigator hired by your attorney could quickly refute her claims of injury. Her social media accounts should definitely be checked for photos of her lifting bricks and her playing beach volleyball, trust me, they aren’t just going to take her word for it. She will be throughly investigated before any lawsuit comes to a conclusion.
Former insurance claims adjuster here. Your fine, they aren’t getting 2 million unless you killed someone. Beyond that unless you broke a bone inside of a professional athlete, severely concussed a CEO/brain surgeon etc. or hurt an unborn child causing permanent injuries, there not going to get that in any venue. You’re good, just let the insurance attorney handle it, it’s what they do for a living.
I had a similar situation. I rear-ended a woman and the only damage to her car was the trunk lock. She tried to sue me and my insurance took care of it. She tried to sue me for $50,000 but my insurance only covered up to $20,000. Took 2 years but the lawyer my insurance provided took care of everything and I ended up paying nothing, and my insurance only paid $15,000. My rates went up, but that’s fair cause the accident was my fault. Good luck!
I got sued for a million and she took 60k
I’m a criminal defense lawyer, not a civil plaintiff’s lawyer. But I clerked for a plaintiff’s firm for 2 years during law school. Based on my limited experience and knowledge, sounds like you might be judgmental
-proof.
Don’t worry. As another poster stated, these cases typically settle under the insurance limits. My cousin was killed by a driver as he exited a gas station. The driver’s door wasn’t fully closed and as he turned out of the gas station. The door flew open and the driver reached for it and simultaneously jerked the wheel to the right. My cousin happened to be on the sidewalk when this happened and was killed instantly as the vehicle jumped the curb. I’m telling you this story because my aunt (the girls mother), then got a lawyer and tried to sue the driver for a very large sum. The driver was only insured for up to $40,000. My aunt’s lawyer informed her that if they attempt to sue for more than $40,000 and win that the driver would then most likely file for bankruptcy and then you’ll get nothing. They settled for the $40,000. About $10,000 went to the lawyer.
They ask for $2M to settle for $100k. Don’t worry at all. Worse case…you may have to file for BK (which I don’t think will happen). Let the insurance attorney handle it but stay on top of it.
Do you own/have any assets in your name? Whose name was the car that you were driving in registered in?
Regarding the police report she says she has: the woman probably filed an online accident report with the local police after the accident. I had to do this when I filed an auto insurance claim recently. My insurance company required the parking lot door dent to be documented and filed with the police when initiating a claim. No police officers were ever involved. It was strictly my attesting to what happened along with the license plate info of the guy who hit me (he was gone when I came to my car by my vehicle had a video recording).
Just relax and let your lawyers tell you what the likely outcomes are. There’s no need to panic just yet.
Let your insurance company handle it.
That is what you pay them for.
Don’t worry about it… Your insurance company will deal with it.
I had a similar situation happen me to a decade ago, fender bender that left no mark on vehicle but they came after me for $1M after 3 years. It’s basically insurance fraud at this point.
Just provide everything you have to the lawyer, they will deal with it.
This is literally happening to me now. There was no damage on either of our vehicles and she was fine and gonna let me leave til I was giving her my insurance I made a mistake of saying my vehicle was a “work truck”. She took it too literal and I’m assuming that’s why she changed her mind. And she ended up calling the police and an ambulance came and she ended up leaving with them complaining of neck and back pain. I wasn’t even going over 10mph. Maybe 5mph. I was soooo stressed but I’ve just let it go and it’ll run its course I am very scared though but I know insurance deals with this a lot so I hope they’ll be able to figure out there’s no way in hell she is hurt.