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He bumped into my car and made a claim for me to pay his medical bills I do not know what to do now!!!?
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He bumped into my car and made a claim for me to pay his medical bills I do not know what to do now!!!?

A guy in a motorcycle bumped into my car when he was trying to switch lanes..he was injured and I had damage done to the passenger side of my car , the accident was not my fault since he was the one that had hit my car and even the people that saw the accident agree on that but they do not want to do a record statement about the accident( thats what my insurance representative told me). We both have the same insurance and I received a letter from the insurance saying that he had made a bodily injury claim againts me and he might get a law suit againts me. What I do not understand is why in florida the law does not help me at all even though I am not in fault, and my insurance told me that if I was found 1% guilty I will have to pay his bills...I also had a hard time getting the record for the accident what should I do??
Additional Details
I do have a police report, the police went to the scene and it even shows there it was not my fault...


    




Fatdude427
Did you already make a recorded statement yourself to the insurance company?

If you did not, DON'T DO IT! Get a good lawyer first!

If you did already make a recorded statement, then just let this be a lesson to you. Never ever make a recorded statement to an insurance company.

You did not call the police? If not, let that be yet another lesson. Always always call the police in order for them to make an accident report.

Or did you actually call the cops? You can obtain a copy of the record from the police station for a small fee- maybe a dollar or so. Get that, and hold on to it. Hang on to all of your paperwork.

You were not cited by the police? Good.

Just make sure and get a lawyer fast. Hey, you could have very well been injured! If you haven't already, see a doctor ASAP. You may have been injured, and not even realize it yet.

I wouldn't worry about this. He can sue you, yes- but you have the right to legal counsel as well. Good luck.


☆ღWifey Wifeyღ☆
Since you didn't have the police at the scene to give him a citation it's now his word against yours which won't hold up in court. You're both screwed.


Frankie
Rating
You need to talk to the police officer who was at the scene of the accident and wrote up the accident report. Tell him what is going on and have you insurace company contact him for the true story. I had a police officer stick up for me in a accident once when the other guy tried to lie.


Dee
If you have insurance, your insurance company will pay his bills. He is probably making a claim against your insurance because he has the minimum coverage and is hoping yours is better. Florida is still a no-fault state (that is supposed to change soon unless the legislature passes another bill to extend it), which is why the parties in the wrong can get away with making a claim against innocent people.

You should be able to get a copy of the accident report from the state, county or city police department who made the report. It usually costs a few dollars, but should be available the day after the accident, call the police non-emergency number and ask them.

Whenever you have an accident, make sure your side goes on the report. I once had an accident with an elderly disabled vet who lived in the town where the accident occurred (100% his fault). The cop took down his side of the accident and started to leave. I said, "Wait, let me make a statement for your report." I then told my side and showed him the damage to my car, which he hadn't looked at before. The report came out in my favor.

If your account isn't in the report, ask for the officer who took the report and see if he can add your statement to it. Good luck!


alomew_rocks
Rating
you need legal representation. The thing of it is that your insurance provider will have to pay the bills if you lose the claim and this presents an unusual situation as you are both covered by the same insurance carrier.


jjjjjjjjj
If you went to court with this, then to me it would seem that the people you originally had as witnesses at the scene, who claimed they saw him hit you rather than you hitting him, did so not because it occurred that way but because they felt sympathetic towards you at the time. Upon reflection and thoughts of perjuring themselves if made to give an official statement, they then all decided not to give a statement of record (I said that it would seem that way, and not that it was truly that way). This does not, then, bode well for you when it comes down to the matter now at hand, which is your word against his and what little physical evidence exists.


Chrystal
Florida is a "no Fault" state. It doesn't matter who's fault it is, if you get sued you get sued! Which is horrible. If I were you I'd take pictures of the car and bring all your information to a lawyer who is qualified to take on car insurance suits. He'll be better informed on what you are liable for. I don't think you'll be found guilty. Considering that he was the one who hit you.


mrsdeli
Please tell me you have a police report. The police report will have both statements. Hopefully the police report will determine that the accident was his fault or that you were both at fault. If you are both at fault, he can not file a claim against you. His PIP (personal injury protection) insurance he has with his motorcycle insurance will pay his medical bills. Since you both have the same carrier, they will have to fight it out with themselves.


heeltap
Follow fatdude's advice and communicate only in writing with your insurance co. Keep it simple and factual. Ask your insurance agent to help you and put them on the spot. If your are a no-fault state each side insured by the same insurance company, has their costs paid by the insurance co. Don't allow them to saddle you with the blame or the other parties costs. If the cyclist is at fault, saddle him with your costs above your deductible- but you must show to the insurance co you were not at fault. The insurance co does not want to pay legal feels by any party on top of paying damages to property and medical bills. It behooves them to settle the matter fairly and quickly. If the insurance company wants to distribute the costs in an unfair manner, the lawyer you get will help you resolve things quickly. Remember you are responsible for deductibles and you pay the premiums.

Always carry a disposable digital camera in the glove compartment and use it to document any accident you are in. It is extra insurance and well worth the cost of 20$.


notyou311
Take him to small claims court.


sugarcookie
Rating
One word- Lawyer!!


brek69amx
Rating
Counter sue for property, loss of work,rental car (while yours is being fixed).


Hokie
Rating
What your insurance is talking about is contributory negligence. If you were negligent and contributed in any way to the accident, then he can recover from the accident. If he just ran into, which is what it sounds like, then I would say he is contributorily negligent and you can recover from his negligence.


E J
Rating
lawyer up


jrgannapolis
your insurance rep (claims adjuster) has to do an independent investigation and not base their decision on what the other party said. It doesn't matter if the witnesses do a recorded statement. They will take into account all statement (recorded or not). Your adjuster has to advocate for you and isn't going just take his word for it.

He can sue you all day long but it won't do any good if it's is your word vs. his.

All accidents with injuries will initially have bodily injury open as a possible exposure, but it doesn't mean he is going to collect on it.

Believe me, the insurance company doesn't want to pay out unless they are 100% sure they owe for damages you caused supposedly.


MichCal
Rating
By record do you mean a police report or an insurance report? Some insurance companies, especially when you have the same company, do not investigate thoroughly as they pay either way. Not sure about an insurance report, but a police report should have the names and phone numbers of the witnesses to the accident if you do not have them already. You can call the witnesses yourself and explain the problem. You may be able to change their mind and you only need one. I had to do this, insurance was not as interested in the facts as I was and this worked for me. Suddenly with a witness statement the other party dropped the claim.





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