QuestionI was driving a company car when I rear-ended a woman who, at a green light, wasn't paying attention and did not move with traffic. I noticed she was not moving with traffic and tried to stop, and hit her with my foot on the brake, inches from stopping. I was driving an Escort, she a Civic. There is no damage to either car, yet the woman wanted an ambulance, claiming back pain. She mentioned a previous accident in which she had suffered a bruised back, but said that this new accident didn't hurt as much.
I took pictures of both bumpers at the scene and am letting my company's insurance handle the case. The woman whom I hit is now claiming injuries.
With no apparent damage to either vehicle, the admission of a previous injury, and an ambulance ride, what is she likely to claim, and can you give me an idea of the outcome of this process?
AnswerStephen,
If this happened in New Orleans, LA then the "injured' party will recover plenty. If it happened in Dallas, TX, then the "injured" party is likely to recover the cost of the ambulance ride, or possible get rejected all together.
In different areas of the US, different evidence is allowed at a trial on injuries resulting from automobile accidents. For example, it is normally allowed to show photos of the vehicle damages to a jury in TX, and accordingly if the damages are super minor, then it is unlikely that the jury will believe that an injury occurred, especially with doctors that will testify that it is unlikely. On the other hand, in Louisiana, photos of the damaged property are not considered relevant, and therefore it is easier for a plaintiff to say "I was rearended hard and got hurt". There is no evidence to indicate the "strength" of the impact.
Pre-existing conditions can cause some complications, the main thing is that if it is agreed that the new accident contributed to her previous injury, then medical costs will be calculated and separated so as to apply to the first and the second accident. You would be responsible for the charges incurred because of the second accident, no matter if the injury was already there. For example, if she has to go get an extra check up or two due to inflammation and new pain, then that could be attributed to the second accident.
Okay, I'm rambling, so let me wrap it up. . .
Where this occurred makes a big difference. Generally, if it did not happen in an extremely liberal venue, then your insurance company is likely to offer a nuisance value of less than $1000.00 to settle the matter if there is any real medical at all. Most of the time, an ambulance bill is just paid, but unnecessary treatment following the initial check up is rejected if there is no evidence of injury that can be attributed to the accident.
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