Legal Question in Personal Injury in Indiana
I was in an auto accident nearly 4 years ago (and yes, this is STILL going on). Basically, we t-boned (I ultimately got hit twice driver side and she got hit once passenger side). My car was totaled for $12,200 when the car brand new was only work $12,600 (note that my air bags never went off). She is now suing for medical damages, or rather whiplash. Also, important to note here was she told me she was in another accident and JUST got her car back that week when we were in the accident. Also, on the scene, an ambulance drove by and we said we were fine (even though I was bleeding down my stomach due to the seat belt cutting into me, and she had no noticeable issues). Her "medical expenses" were $6,500, and the attorney tried to settle with her for $14,000 (he just told me this abt 2 wks ago). She declined and wants more (she wants $20,000). Additionally, there was no mention of a case to me until about 8-10 months AFTER the accident so she magically got medical expenses many months after the fact?
Now in my opinion, she is just money hungry and not entitled to any money since she was in another accident just prior to mine and cant conclude our accident was the result of her made-up medical "whiplash" and she waited so long. I calculated with the 14,000 (assuming attorney fees would take 1/3) and found if she had no insurance she would make over 2,800 off the top for her "pain and suffering," but instead she is going for over $6,800 off the top (more than her supposed "medical" expenses).
Her attorney is coming out in 2 weeks to give me a disposition.
Am I just being insensitive or does this seem as stupid as it sounds to me?
1 Answer from Attorneys
Without reviewing all acceident data, pictures, medical records, and deposition transcripts, your question cannot be answered.