QUESTION

What can be done if the claimant was not injured but filed a bodily injury claim?

Asked on Oct 10th, 2014 on Personal Injury - California
More details to this question:
I hit a car from back on taking the right turn at signal. It was his fault too to stop the car suddenly. There was no scratch on bumper but still he called my insurance to create claim. Initially he create no damage - bodily injury claim. Later he claimed some amount as property damage too for bumper replacement. Now he got money and confident for easy money and claiming bodily injury. At signal at 1 mile per hour how anyone can get injured, may be. But this guy is amazing. Can anyone tell me, what right I have to file a lawsuit against him for the false claim and suffering me mentally?
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3 ANSWERS

Edwin K. Niles
Relax and let your insurance co. handle it. That's why the law requires insurance.
Answered on Oct 15th, 2014 at 5:48 PM

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Workers Compensation Attorney serving San Bernardino, CA at Nancy Wallace, Attorney at Law
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You hit this driver from behind, so you would have to prove the claim was false. Did you have a set of excellent photos of the bumper showing absolutely no damage? You could file a small claims suit, but as a former small claims judge without written and photographic proof that there was no impact at all, I would dismiss your lawsuit.
Answered on Oct 15th, 2014 at 2:10 AM

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You can not sue him. You were at fault in hitting his vehicle. You should not have been driving so closely behind him so as to hit his vehicle, even if he stopped suddenly. You may have been going slowly, but not only 1 mph. Your insurance company would not have paid for a bumper replacement unless they felt there was sufficient damage as to require it. Even at a very slow impact speed it is possible to suffer some injuries. So it would be very difficult to prove that he has made a false claim. I doubt any attorney would be willing to take your case. If he was not injured, your insurance company will take that position. As a practical matter, this is just one of the the various insults people have to face in life that they can not really do anything about.
Answered on Oct 13th, 2014 at 3:25 PM

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