What do I do if a personal injury claim has been filed against me?

by admin on December 11, 2010

Back in January 2010, I was in a car accident that totalled two cars and including mine and the other driver (now the plaintiff) suffered two fractures. I had full coverage insurance through USAA and my policy states that they will cover 0,000 per person and 0,000 per accident. There was only one person in the other vehicle so there is no issue there. My insurance gave me enough money to pay off the car I had and I bought a new one. She received a new car and money to pay off her old car as well as her medical expenses for the injury. Today (11/10/2010), I received a letter from my insurance company that she is wanting 0,000 exceeding the maximum covered per person by ,000. The letter stated that they would hire me an attourney or that I could hire my own one. Should I go with a lawyer provided by USAA or hire my own? What are my rights? How can my insurance company and I investigate this? Does she even stand a chance against this situation if she has already accepted a compensation before filing this claim? How do I find out if she is just "milking" more money from the insurance company or if it is being used for medical bills? And finally, does my insurance company and I have the right to review all related medical charts or not proving if the money is needed for medical treatment?
Also, this accident happened in Tennessee. This, I would assume, would be helpful in your answer. Thankyou!

Related Blogs

{ 3 comments… read them below or add one }

Johnathon T December 11, 2010 at 9:48 am

This is not legal advice… The first thing you should do is contact your local bar association and obtain a referral to consult an attorney to review your options and assess personal liability in excess of your insurance policy.

With respect to the insurance company supplying an attorney. The insurance company’s attorney represents the insurance company, in some respects your interest and their interests coincide but at some point they may not and a conflict of interest may arise. For instance, if the plaintiff makes a settlement request of $100,000. Because your insurance policy covers $100,000 you would have no liability. There is little incentive for the insurance company to make that settlement and could potentially expose you to risk if they reject it. This is where you need to consult that other attorney.

There is no way to know whether she is trying to milk more money out of the insurance company or whether she has a legitimate claim. You have to defend as though you’re going to trial and the $50k will come out of your pocket. Your initial reaction is to take the claim personally and fight everything tooth and nail. Take a minute, calm down, speak with independent counsel, choose a lawyer, and let them do that for you.

Again, this is not legal advice. Consult an Attorney. Initial consultations are generally free or cost a nominal fee.

jaymes_07 December 11, 2010 at 9:48 am

Use their attorney. They are the ones on the hook for any damages paid out, and their attorneys (obviously) specialize in these type of cases. They will also do any investigation, and yes, that will include a demand of handing over any medical information relating to the case and reviewing it.

99% of the time these cases get settled out of court.

Vet's Daughter December 11, 2010 at 9:48 am

The money doesn’t need to be for medical treatment. It could be for ‘suffering’ and there is no way to tell if she is milking the insurance company or not. Use their lawyer and yes, you’ll get access to her records.

Leave a Comment

Previous post:

Next post: