Expert: Ron Cercone - 2/14/2009

Question
I was passing a car on my right had lots of time to pass to get around him when this car on the left speeded up as I just about made it we touched hub caps, now she is claiming lost tire and sore neck .I have no injury or damage to my tire what should I do. Thank You

Answer
Hello Dorothy,

Get pictures of your tires and side of your car. And pics of hers too, if you can. Look for "paint transfer" from your car to hers or vice versa. While you may have been in the wrong, legally, for passing on the right, I would think that would be offset by her speeding up. Any witnesses would be helpful.

Ask to see her "lost tire" and use that as an excuse to take pictures of the tire, hubcap and car side. Be sure to take a witness or two with you.

I assume you are implying that she is faking an injury to get money? You can do as you want, but I will tell you what I would do. I would not turn it in to my own insurer unless you get notice you are being sued. Most automobile policies say you have to give your insurer notice when you get notice you are being sued. If you don't, then your insurer does not owe you a defense or to pay a claim or judgment against you. Make her invest her money on doctor bills knowing she may never get reimbursed.

Oh, and don't forget to mention to her about "your" back and neck pain too. And ask her for her insurance company name :)

And you could turn it in to your insurer if you want to avoid the whole mess, and possibly pay more premiums.