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Old 03-05-2002, 11:32 AM   #1
Mr 5 0
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Lightbulb Part II

crazy horse:

Forgot to ask; Did your insurance company pay for her vehicle damages?

If so, that's an admission of liability on their part. If they didn't pay, or her insurance company paid for your damages, that's an admission of liability on her company's part and she would have no case at all.

It can happen.

I had a minor accident some years back and the other driver (pulled out of a driveway in front of me - on a main road) received a ticket (I didn't) and her insurance company paid to have my car repaired, no questions asked.

Months later, I received a letter from some law firm that informed me that she was going to institute a lawsuit against me for injuries received in the accident.

I called my insurance company claim agent - he checked the file and saw that her company paid my damages and that she received a ticket so we both had a good laugh. Then he said: "Send it to me, we'll blow them off quick'.

Never heard anything again.

Sometimes people file these 'nuisance' lawsuits to get a quick and easy five or ten-thousand out of the insurance company. The companies often settle because it's cheaper than a trial and they can't afford to really investigate every single case, as they have thousands of claims very year.

If you have photos you've done their work for them and they probably won't settle, unless she agrees to a tiny fraction of what she asked for. Maybe not even then. Insurance companies can be real SOB's and contrary to what many people think, they don't hand you money just because you had an accident and claim you were injured. It happens, but not a lot; otherwise, insurance premiums would be even higher than they are now.

Considering GT Lee's illness, I would consider counter-suing for emotional trauma and aggrevation of her condition brought on by the stress of the accident and the lawsuit.
You would be surprised what a good lawyer could do with that if you were inclined to go that route, which I suspect you aren't. Just a thought. Remember, lawsuits can go two ways.

Good luck and let us know how it goes.
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