I was involved in an auto accident back in July of 2004. I was pulling out of my parking space and I feel this tap (kind of felt like slightly hitting the curb) and hear this scrapping sound. As I was looking back my brother swung his head around to see the driver was very close to the other parked vehicles and was operating a cell phone.
Now before I went to put my car in reverse, it was clear, I did have a huge Chevy Astro van blocking my view of any car that would come zipping down the court. I noticed it was clear, check to make sure my car was in reverse, let my foot off the brake and as I was looking back, there he was. As I stated above my brother noticed he was close to the other parked vehicles and was operating a cell phone. After the accident occured I got out of my car with my insurance information while he stayed in his vehicle to finish his cell phone conversation. The police were called out but the officers said that there was really nothing to report, no skid marks and no real major damage and that the accident was clearly an accident.
So I reported the accident to my insurance company and they state to me that the guy is claiming injury from being hit at less then 5mph ( my car didn't even move a foot out of my parking space). The next day my insurance company takes pictures of my bumper to write up a claim for my repair, I should note that the only damage done to the cars was a slight dent on his car and the paint smeared on both cars. My insurance company questions me on my bumper being out of line, I told them that was from a previous accident from a parking lot that was a hit and run kind of thing and had nothing to do with this accident.
A couple months later I get a letter from my insurance company saying that they would not hold me responsible for the accident and my insurance rate would not increase.
Now fast forward to last tuesday night. I come home from a long day of school, and work to see I've been summoned to appear in court and I'm being sued for $10k. Now I was reading through the report and he's claiming neck and back pain and that he was thrown forward and back after the colission (which is wierd because he's breaking the laws of physics, he should of been thrown left and right). The report also stated he was given a perscription that was never filled and was involved in another accident in 2003. Also, for as miner as this accident was he sure is claiming a lot and from the doctors notes my mom is calling BS on a lot of that.
So today, my insurance company tells me to drop off the paper work and they will look over it (I will be making a copy of it first). Now I was thinking about counter sueing him for driving fast in a residental area and not having complete control of his vehicle but I don't want to be that guy thats a dick about it. The way I see it we were both at fault.
So should I let my insurance company handle it or get an opinion from a lawyer. Other then this accident my driving record is clean, no tickets, no parking violations, no nothing. I know if I rear-ended this guy he could sue me and I know I would be at fault but this is rediculious. I just don't want my insurance company to raise my rate to something completely rediculious when there was no real damage.
Now before I went to put my car in reverse, it was clear, I did have a huge Chevy Astro van blocking my view of any car that would come zipping down the court. I noticed it was clear, check to make sure my car was in reverse, let my foot off the brake and as I was looking back, there he was. As I stated above my brother noticed he was close to the other parked vehicles and was operating a cell phone. After the accident occured I got out of my car with my insurance information while he stayed in his vehicle to finish his cell phone conversation. The police were called out but the officers said that there was really nothing to report, no skid marks and no real major damage and that the accident was clearly an accident.
So I reported the accident to my insurance company and they state to me that the guy is claiming injury from being hit at less then 5mph ( my car didn't even move a foot out of my parking space). The next day my insurance company takes pictures of my bumper to write up a claim for my repair, I should note that the only damage done to the cars was a slight dent on his car and the paint smeared on both cars. My insurance company questions me on my bumper being out of line, I told them that was from a previous accident from a parking lot that was a hit and run kind of thing and had nothing to do with this accident.
A couple months later I get a letter from my insurance company saying that they would not hold me responsible for the accident and my insurance rate would not increase.
Now fast forward to last tuesday night. I come home from a long day of school, and work to see I've been summoned to appear in court and I'm being sued for $10k. Now I was reading through the report and he's claiming neck and back pain and that he was thrown forward and back after the colission (which is wierd because he's breaking the laws of physics, he should of been thrown left and right). The report also stated he was given a perscription that was never filled and was involved in another accident in 2003. Also, for as miner as this accident was he sure is claiming a lot and from the doctors notes my mom is calling BS on a lot of that.
So today, my insurance company tells me to drop off the paper work and they will look over it (I will be making a copy of it first). Now I was thinking about counter sueing him for driving fast in a residental area and not having complete control of his vehicle but I don't want to be that guy thats a dick about it. The way I see it we were both at fault.
So should I let my insurance company handle it or get an opinion from a lawyer. Other then this accident my driving record is clean, no tickets, no parking violations, no nothing. I know if I rear-ended this guy he could sue me and I know I would be at fault but this is rediculious. I just don't want my insurance company to raise my rate to something completely rediculious when there was no real damage.