Posted: Feb 27, 2007 11:32 am
In other news, I rear-ended a black kid today with diamond rocks in his ears and driving a circa 1998 red Mitsubishi Eclipse. I hit him going about 10 mph and there was ZERO damage and he hopped back in his car saying he was OK after getting my number. Dude calls my insurance company within the hour claiming bumper damage and "neck pain". Oh lawd.
He will get nothing. NOTHING.
It is assholes like this who make it harder on the people who really get hurt to claim. Good luck to you both.
These are not as simple as you may think. Yes, plenty of people take advantage and think this is their shot at free money. However, soft tissue neck/back/shoulder damage doesn't always show up immediately. I myself was hit from behind with no property damage and was very stiff for several days 9 nine years ago. It happens. Also, the other thing people fail to consider is what is known as the "eggshell crush" or "eggshell skull" rule (from Humpty Dumpty) which basically means that you take a plaintiff as you find him. If this guy is particularly prone to neck damage b/c of heredity or past accident, well tough. Now in reality this is not always how things work out, but that is the legal theory ungirding these claims. Also, your insurance will jack you because you had an accident that was reported to them, so your probable financial loss has already been incurred. If he sues you, who fucking cares, the insurance company has a duty to defend the suit and that is a long way away and the great majority of these settle out. Also, a side of the road inspection is not the same thing as taking a close look at something. Doesn't sound likely that there is any to much damage, but I have certainly heard of stranger. Also, if this happened in FLA, I thought FLA was a no-fault PIP benfeits state, and if so I think he should be looking to his insurance co, anyway.)