Expert: Richard Hixenbaugh - 11/12/2009

Question
A few days ago I was pulling out of a parking lot onto a road. The car in front of me started to pull out and then half way out of the driveway stopped. Unfortunately I was already looking down the road to see if I could proceed and did not see they had stopped. As I pulled up to the edge of the drive, I hit the back of their car. There was no damage to my car or theirs. Now they are claiming that they were injured. They had a lawyer contact my insurance company instead of their insurance agency (they did not have proof in insurance at the time of the accident). My insurance company says the injuries they are claiming are not consistent with this type of accident. (I don't know what they are claiming.) My question is, if my insurance denies their claim is it possible that am I going to be sued by them or is my insurance company the one to be sued? Does my policy mean they are the ones to handle it.

Answer
Hi Teresa,

You should not worry at all. Your insurance company will handle the entire process. If you are contacted or receive any correspondence, you should direct it all to your insurance company. Your insurance company is representing you. If a law suit is filed it would be against you but your insurance company will provide a defense attorney.

This happens every day. This is likely just a money grab. They will be trying to get your insurance company to agree to an out of court settlement. Just keep in touch with your insurance adjuster once a month to check on the progress of the claim.

I hope this helps
Richard Hixenbaugh