Posted by lonesome_d, Mon Feb-23-15 11:32 AM
Woman ran a red light, hit me as I was proceeding through my green light, and bounced off me and hit the guy coming the opposite way who'd been waiting to turn left.
No injuries for me. Both cars she hit totaled. I assume hers was as well. Guy in the other car refused to talk to anyone, went to the ER.
She had minimum limits, which in PA is $5k for property damage, $15/30k for bodily injury.
With only $5k to go for two totaled cars, I got about half of what my car was worth blue book value. Definitely irritating, but I'm not litigious and ha no wish to sue someone who was likely not particularly wealthy.... what am I going to do, garnish her wages? This is the way the law is supposed to work... it's crappy, but it's the law. And I'm generally a believer in not screwing other people just b/c I can.
The only problem was no one else involved felt that way; the other guy sued her for $50k, and his wife sued her for loss of consort for another $50k (the guy was 83, so the loss of consort thing was hilarious to me. I hope when I'm 83 my wife will be able to claim loss of consort.)
So since her policy only had $15k available for this guy, her company enjoined me in her defense, with the claim that I was partially at fault b/c I was speeding through the intersection (which I wasn't) and THAT was why she hit the other guy. It was an egregious situation to find myself in, multiple trips down town to give depositions, etc. My company was ready to roll over to the tune of $13k to but I went up the claims ladder and said HELL NO YOU DON'T. So her (insurer's) attorney finally released me from the claim the day it was supposed to go to trial; I got the call about 20 minutes before I was supposed to be getting on the train to go downtown for it.
I've actually been in the insurance business for a decade now and in general I think people make and milk illegitimate claims are awful, and attorneys who take cases like this knowing there was no injury are awful. But that also comes with an understanding that sometimes the system itself is awful, so I try not to judge too much unless I know the circumstances better. For your situation I'd caution you to be careful, as insurance fraud is illegal and if you get busted (I mean, you're admitting here via a traceable IP address an account that you're not injured and are considering suing based on a claim of injury despite that) you could be in trouble.
Good luck with the financial situation, hope it works out for you.