Location: Ogden, UT, United States
This is happening to my mom and not to me directly so I apologize if I don’t have enough information. However I live with her and she updates me on the situation frequently I’m happy to answer any questions if needed.
My mom was leaving my sister’s school after dropping her off and was exiting the parking lot. There were cars parked on either side of the road so her vision was limited. Another car that was turning suddenly stopped in front of her and she bumped the car slightly. (After everything that has happened we are starting to suspect that the other driver, who I’ll call B, may have stopped on purpose, but we have no way to prove that.) There was only a slight scratch on my mom’s car and a small dent on B’s car. My mom immediately took the blame, had a small but amicable conversation with B, and gave our insurance information to B to get the dent fixed. B got out of their car and walked with no issue, and was polite and seemingly normal during the conversation. The damage to was so minimal that my mom didn’t bother to get her car fixed, and B was able to easily get theirs fixed via our insurance.
I’m not sure how much time passed after B’s car was fixed, but within the next few months our insurance contacted us to let us know that B was claiming they had a neck injury from the accident and wanted a substantial amount of extra money. There was minimal communication back and forth but it seemed like our insurance was going to deny B’s claim considering there’s no universe in which that small of an accident results in a neck injury.
A few more months went by and we didn’t hear anything else, until one day we came home to a note on our door saying that we were being summoned to court, and to call a number provided for more details. I wasn’t around to hear the phone call when my mom did make it, but the gist of it is that after being denied by our insurance, B is suing my mom directly for $50k due to her neck injury and an alleged ‘ringing in their ears’.
Side note: My mom did some digging and found out that B works in the billing department at a medical clinic. We are wondering if B was able to get an illegitimate doctor’s note from a coworker, and my mom is also considering sending a letter to their workplace to let them know that their employee is attempting a large scale scam.
I’m of the opinion that my mom should try to counter-sue, whether that be for fraud, emotional distress, or defamation. Allegedly our insurance is supposed to provide us with representation but I’m wondering if it might be worth it and do some research to find a lawyer that would be knowledgeable on a case like this. If anyone has any thoughts I would love to hear them. My mom has been under immense stress and has lost so much sleep that she’s having trouble staying awake on her drives to and from work. If I can provide my family with any assistance in this I would love to.
Comments
There’s nothing “alleged” about your Mom’s insurance providing a lawyer; this is exactly why liability insurance exists. She should do nothing besides answer the lawyer’s requests quickly, promptly, and accurately. She certainly shouldn’t be contacting the other party’s employer; that’s a terrible idea.
And the filing of a bogus lawsuit is not defamation, she isn’t a fraud victim, and the fact it’s upsetting to be sued does not cross the line into emotional distress you can sue over.
Not legal advice/No relationship established: Any one served with court papers for a car wreck needs to immediately carry those court papers to his or her insurance agent or call direct to the insurer report the papers and write down the name and title of who they spoke with. Some insurance apps cover this reporting. Don’t miss the deadlined in the court papers. In most states, Car insurance has 2 components: indemnity and defense. The insurance company should supply its insured with a lawyer at no cost to him or her for defense of covered claims. That is what the defense coverage provides. In general accusing someone of a scam can get a person sued for defamation. Low speed impacts can cause injuries but an insurance defense lawyer will know how to see if such a claim is legitimate and contest it.