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Auto Insurance Claims/Being sued
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Question
My husband was in an little accident where he was stopped at a red light and he accidently took his foot off the brake and hit the car in front. Our insurance company thinks the lady that he hit is suing for excessive damages, because he was at a complete stop before he hit her (going under 5 miles per hour). Yesterday, he got served papers because she is suing my husband and the insurance company. Do we need to get an attorney or just call the insurance company and find out why they have not paid any monies on the claim?
This is not unusual. The insurer believes she is exaggerating her injuries because it was such a minor accident. They probably made her a low injury settlement and her attorney then filed suit.
You should immediately notify your claim rep and fully cooperate with the insurer. They will assign an attorney to defend you in the suit.
Most of these cases settle before trial. Judges and juries are much less likely to award a lot of money on them in recent years because a lot of people are aware of the racket.
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Answers by Expert:
Claims Guy
Expertise
I am currently an Auto Claims Manager for a large insurance company. I have 18 years experience in the industry, having worked as a Claims Adjuster, Injury Settlement Negotiator, Claims Manager, SIU/Fraud Investigator, and Compliance Officer......I can answer questions related to any aspect of Automobile insurance claims and coverages. I can provide an inside look at how insurers operate. I always treat my customers fairly and want to help make sure you are treated fairly. However, please keep in mind that being treated fairly according to the law does not guarantee that you will get what you want. I can also answer some questions regarding Homeowner's and other types of insurance claims. I have handled all types of auto insurance claims and coverages. I am NOT an automotive repair expert but can give advice re how insurers handle complex repair issues. Please keep in mind that every state has its own set of laws pertaining to rules of the road, liability, and insurance. No one is an expert on every state. I am most familiar with laws in Maryland, DC, West Virginia, and Virginia, but will attempt to answer questions for other states. I am not an attorney an cannot provide legal advice. My advice will be my opinion based on my experience.
Experience
I am currently an Auto Claims Manager for a large insurance company. I have 18 years experience in the industry, having worked as a Claims Adjuster, Injury Settlement Negotiator, Claims Manager, SIU/Fraud Investigator, and Compliance Officer. I am not an attorney an cannot provide legal advice. My advice will be my opinion based on my experience.
Organizations
CPCU Society. Adjusters license in multiple states. International Association of Specal Investigators
Education/Credentials
I have a B.S. in Finance and have completed the AIC and CPCU designations.
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