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Wow, can they really do this? rear-ended

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Ed_McCarron:

--- Quote from: Mikezilla on October 25, 2010, 05:25:19 pm ---
--- Quote from: Ed_McCarron on October 25, 2010, 04:17:42 pm ---Not in a no-fault state.  Everyone pays for their own damage.

--- End quote ---

Jesus. I didnt even know that existed.

--- End quote ---

Yup.  Some genius decided that the legal wrangling took too long and just decided that each persons insurance pays for their own damage.  Also, you can't sue the other party for injuries and whatsuch unless some threshold is reached.

Unless you live in PA like me.  We're kinda screwed up.  It's not fault, but you can still sue.  Go figure.

http://en.wikipedia.org/wiki/No-fault_insurance

shateredsoul:

--- Quote from: pinballjim on October 26, 2010, 09:49:00 am ---Whatever life you had before this accident is now over.  Your full time job is investigating this woman and this accident.  The fact that your insurance company is denying her claim isn't proof that she's lying, it's proof that your father and his family (you) are about to be sued and possibly sent to jail.  You need to start hiring lawyers and private investigators NOW.






--- End quote ---

why sent to jail? I understand the sued part, but not the jail part. I also understand the purpose of getting the lawyer, but since she's not claiming bodily injury does it really make sense to look for a private investigator?  The most important evidence to have would be having access to the prius black box and her phone records. I imagine both  of those would not be easy to get.  We do have other witnesses that have stories that bring her witnesses' account into question (particularly being there). If anything she'll probably sue for the damage (about 2000). Hopefully she's smart enough to just let it go.... thanks for the advice though.

Rick:

--- Quote from: shateredsoul on October 26, 2010, 11:44:07 am ---If anything she'll probably sue for the damage (about 2000). Hopefully she's smart enough to just let it go.... thanks for the advice though.
--- End quote ---

If she wins on the insurance side, she could figure she has an advantage, and then sue separately for physical damages.  I don't know about your location, but I've heard/read stories about people doing this, and then taking this information to their workplace, taking off loads of time (back/neck problems) and who foots the bill?  The guy deemed guilty for the accident.  Sure, it could come out of the Insurance Company (again, location driven) but there's also the option that Insurance rates are jacked up, or a company stops covering you completely.

Win this one.  Don't take any chances.  I'm not saying do what PinballJim said above is right, but definitely get all the information you can from the sources you have at your disposal.  My first thing would be the Officers on the scene.  Get them as soon as possible to avoid short term memory loss.

shmokes:
You can't go to jail as a result of a law suit.  It takes criminal charges to send you to jail.  Also, she can't sue your dad's family (I mean, she can, I guess, but it would be dismissed as a matter of course).

Also, if she were to sue you, or you her, it would not be difficult in the slightest to obtain both her phone records and the black box.  That's just part of normal discovery/disclosure.  You'd need a lawyer, though, to know how and when to do everything.

Ed_McCarron:

--- Quote from: pinballjim on October 26, 2010, 12:54:59 pm ---Another thing you might want to consider is following her around a little with a camera and get some footage of her doing physical activity so that you can prove she wasn't injured. 

--- End quote ---

Heh -- just make sure its in public, or you can add stalking to the list of wrongs...

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