Can I counter sue for an exaggerated bodily injury claim?
4 attorney answers
As others have stated, you do not have a valid claim. Leave the decision to your insurance carrier as to strategy in handling and processing the claim. Insurance carriers are quite adept at investigating and exposing allegedly fraudulent claims.
You don't have a valid counter-claim. You have a defense.
Also, since it does not appear that the other party has filed a lawsuit, a counter-claim is impossible, anyway. In order to have a counter-claim, there must first be a lawsuit.
I would simply allow your insurance carrier to handle this and stop trying to play Matlock here. That is the very reason you have been paying auto insurance premiums, anyway. Let your auto insurance carrier earn its keep.
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1. You are not the one who gets to decide whether the injury claim is soft fraud or exaggerated or absolutely legitimate. That is the insurance companies job and they 1) have a lot more experience than you at evaluating claims and 2) are absolutely not interested in settling for even a dime more than the claim is worth. If there is a good reason to deny the claim, they will. If the claim is not settled, you will be sued and a jury will get to make the decision about the value of the claim. At no point in the process do you get to make the decision.
2. Mr. Pont is absolutely correct when he says that injuries often do not manifest themselves immediately. It can be hours or even a couple of days. That's the way the body works and almost every doctor will say so. No injury at the scene does not mean no injury is possible.
3. As far as your insurance premiums are concerned, in most states the amount paid on a claim does not effect the amount of the premium increase. The increase in the premium occurs simply because you caused a collision. $1,000 paid out, or $20,000 paid out, the premium increase is usually the same.
In my opinion you would not succeed in such a lawsuit. That he did not appear injured at the scene is proof of nothing as many injuries do not show up for days later.
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