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My driver hit the front of the car with a trailer while making a turn, the injured party is claiming injury. What can I expect?

Chicago, IL |

As I mentioned , my driver was making a turn on a narrow street slowly and hit a car in the front with the end of the trailer . The top door of the car was damaged as well as the front windshield near the door was cracked . The passenger got out of the car claiming she had back pain and neck pain . The police officer arrived and took the information . No tickets were given . The injured party drove herself to the doctor were she was released . We received information from our insurance that they had paid for the damages of the car and for a rental car . It also stated that she had not missed any days of work and that she would have another doctorates visit . This accident happened on January 3rd , 2013 . We then received a letter dated January 30th , from a lawyer that will represent her . I called my insurance to find out what was going on . They replied that they paid for all the car damages and rental and that no medical records have been submitted for any additional claim . Any advise of what is happening ? Is it normal for someone to complain right away that their back is hurting , in particular in this type of accident where almost no speed is involved ?

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Attorney answers 8

Best Answer

The insurance company insuring the car turning left will appoint a lawyer to defend the operator of the car in court. Therefore, the driver can direct all of his or her questions to the lawyer. The insurance company may pay up to the limits of the policy if the case warrants it. Further, it is not uncommon for a person at the scene of an accident to complain of pain. It will bolster their case. It does not take a high speed collision to cause injury. We have seen high speed collisions result in little injury and low speed collisions result in serious injury. It can depend on various dynamic factors. However, insurance companies usually vigorously defend and don’t pay much on low speed collisions. From your description, it appears that the other car had the right of way and the driver has a viable claim. However, the insurance carrier will argue that she entered the intersection late and could have stopped to avoid the collision because she struck the back of the trailer.

Stephen Laurence Hoffman

Stephen Laurence Hoffman


This is an excellent point. While many jurors are indoctrinated by what they read and hear about "low impact" collisions not resulting in injury, the biomechanical and medical literature and testing says otherwise. This is why it often smart to retain an attorney in these cases. Since the asker is on the opposite side of all this, these factors will be used by their insurer to push back against the injured party's claimed injuries.


It is not possible to know specifically what will happen. It is good that you have full insurance. You should cooperate with your carrier and let them handle the claim. Now, if there is a claim for an amount of money over your policy limits, you should consult with your personal attorney. No one wants a claim hanging over their head, but, your carrier should handle the matter and bring it to closure.


Let your carrier handle this

They'll evaluate injuries, defend your interests etc. notcomining immediately and the like is always used as an argument against serious injury.

Stephen L. Hoffman
Law Office of Stephen L. Hoffman LLC
Chicago, IL

This answer posted on Avvo is for informational and educational purposes only. There is no attorney-client relationship created or formed and you should not rely on this as legal advice. The suggestion is made that if you wish to protect your rights, you consult with an attorney immediately.


Your carrier should handle this properly. There appear to be some defenses but the fact that the woman has an attorney and that the attorney is not at all unusual and in fact is predictable.


As per the general consensus, turn the letter over to your insurer. They will handle the matter and if a lawsuit follows will assign a defense counsel to represent you at no cost to you.


Let your insurance company get to the bottom of this. This is exactly why we all have insurance.

Only 29% Contingency Fee! Phone: 215-510-6755


I assume from the nature of your question that you think the other party is lying about being injured. That may or may not be true. There is no 'rule' for or against complaining of pain minutes, hours, days or even weeks after an accident and just because they hired an attorney does not mean they are out to get rich...despite some of the funny insurance commercials you might see on TV.

You were in an accident. It happens even to the best of us. That is why you bought insurance so it is best to let them handle it.

Good luck to you


Each impact is different. Some people have immediate pain, others have pain by the time they reach the emergency room and others may not have pain until a few days later, after the initial muscle relaxers and pain medications given to them at the emergency room are exhausted.

You have done the right thing by reporting the accident. You just need to cooperate with your carrier's investigation and defense.

Legal Disclaimer:

If this information has been helpful, please indicate below.

Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

This ans. does not create an attorney/client relationship.

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