She rear ended an SUV with her Chevy Cobalt. More damage to her car than the SUV. Both parties said they were not hurt when questioned at the scene by the officer. Now she is being served with personal injury claim for past, current and future medical expenses and pain and suffering in the amount of around $8000.00. Kicker, she had no insurance at the time of the accident! She thinks she needs to just pay. Does she have any chance of either winning or having claim reduced if she has a lawyer?
I would retain an attorney. The damages can be negotiated if she even owes anything. The other side has the burden of proof not your daughter. They must causally connect their injuries to her negligence, if they can.
She should consider contacting a lawyer. However, without insurance she is going to have to pay a retainer fee out of pocket - which is usually several thousand dollars on its own and she may still end up paying for the damages that are being claimed. Based on the fact that she ran into the back of someone else, she likely has no chance of evading liability assuming there were actual injuries sustained by the other party and that party can prove so. A defense attorney could possibly get an amount reduced by citing pre-existing injuries of the other party, but your daughter would be responsible for exacerbating those injuries. Even if the amount was reduced, remember she will incur attorneys' fees and costs so she may or may not come out ahead going that route.
Lars A. LundeenPersonal Injury LawyerRutland, VT ·
It may be difficult to justify paying an attorney to negotiate a reduction in the $8000 bill. Certainly an attorney could be consulted to find out what the cost may be in your area. Hopefully your daughter has now purchased the required insurance to lawfully drive her vehicle.
If your daughter decides to resolve this matter, she should obtain a full and complete release so that she does not need to worry about the adverse party coming back again later to claim more.
