[banyo86]

in detail my sis got into an accident 2 years ago. it was my sister's fault, she owned up to it. the damage was minimal.

the other car suffered a broken headlight and a new bumper and fender as well.

the lady on the other end of the claim (one not at fault) got out of the car "grabbing her neck" and claiming she was in pain.

my sister now received a letter in the mail stating that she is now being sued for personal injuries. Again, 2 years from the date of the injury. she has a court date appearance and a legal appointed lawyer for this matter.

i have a feeling that the lady was playing "the smart card" all along and trying to lie about her injuries but that's just me. i have a bias opinion but could anyone enlighten me about this situation?

i know that there have been cases where people file for injuries that they otherwise didn't experience and are now trying to make an extra buck thru this process.

i want to know if it is possible to prove that one may be fraudulent beyond a reasonable doubt in this case.

PS: sorry if this doesn't make that much sense, i'll be hovering around for updates to help paint a better picture. Thanks RSer's

[akalic]

will be needing some pics of your sister to assess the issue properly

[TheNewGirl]

Injuries do show up after the fact. I have a seriously screwed up shoulder from an accident I was in years ago that's just rearing it's ugly head now. Unfortunitely I didn't leave my claim opened or I would be milking ICBC for all I could for the mega pain I'm suffering now.

That said people do fake them.

Your sister needs an accident and injury lawyer and that's who can give her the advice she needs. It will be expensive but it will save her bigger expenses in the end.

[Jermyzy]

Did she have extended third party liability insurance?

[SumAznGuy]

As long as she went through ICBC, then it will be ICBC that that lady is sueing.

I hope your sister went through ICBC.

[banyo86]

As long as she went through ICBC, then it will be ICBC that that lady is sueing.

I hope your sister went through ICBC.

yeah she went thru icbc, called them and went in for a meeting with them. the whole process was thru icbc, no delays in contacting them too. and she does have third party liability.

[banyo86]

will be needing some pics of your sister to assess the issue properly

im sure you're mentioning about her injuries. she suffered none whatsoever. on a comical level, it was my 18yr old sis vs. a 38 yr old lady.

[Greenstoner]

if someone is seriousy injuried the neck during accident, he/she wouldnt be able to "get out" the car and able to move his/her neck

i call bs

has paramedic attend and sent her to hospital afterward ?

[TheNewGirl]

if someone is seriousy injuried the neck during accident, he/she wouldnt be able to "get out" the car and able to move his/her neck

i call bs

has paramedic attend and sent her to hospital afterward ?


This is not true at all.

Actually due to adreniline and shock most people with bone/muscle injuries say they're fine. Fractures show up pretty quickly but sprains/strains and joint injuries often aren't usually readily apparent for several days.

[SumAznGuy]

if someone is seriousy injuried the neck during accident, he/she wouldnt be able to "get out" the car and able to move his/her neck

i call bs

has paramedic attend and sent her to hospital afterward ?

That's not true. A lot of times, immediately after an accident/hard workout, you may not feel the pain due to many possible issues (adrenaline).
Remember Biology 11 Fight or flight.
It may take a few days for you to notice the body is sore.

And pain is one of those things that are really subjective and hard to prove real or fake. Different people have different levels of pain tolerance. I have no issues with needles yet some people are so sensitive that they freeze up at the thought of a shot.

[iambuRnz]

they need to show proof that they've been visiting the doctor. (receipts, etc.) otherwise they have no case against your sister.

[twitchyzero]

Injuries do show up after the fact. I have a seriously screwed up shoulder from an accident I was in years ago that's just rearing it's ugly head now.

wow i thought maybe days, weeks few months, but not 2 years.

[TRD Rs200]

ICBC will send you a lawyer and take care of the whole thing

[Preemo]

And if you really want to call BS, hire a private eye to snap photos of accuser doing shit otherwise not possible with a strained neck. Might be costly but it could save you otherwise.

[SumAznGuy]

wow i thought maybe days, weeks few months, but not 2 years.

As far as I know, there is no statute of limitations. As long as the file is still open, the person should still be able to claim for injuries/damage/trama.

Plus, her rates have already gone up due to the accident and everything was handled by ICBC. It would be in ICBC's best interest to pay as little as possible for this injury claim so I can see them being very tough with them and making sure all their I's are dotted and T's crossed.

[hongy]

That's not true. A lot of times, immediately after an accident/hard workout, you may not feel the pain due to many possible issues (adrenaline).
Remember Biology 11 Fight or flight.
It may take a few days for you to notice the body is sore.

And pain is one of those things that are really subjective and hard to prove real or fake. Different people have different levels of pain tolerance. I have no issues with needles yet some people are so sensitive that they freeze up at the thought of a shot.

that's bio 12.

[Noir]

ICBC should be representing your sister on your behalf. They have a plethora of lawyers who will do nothing but negotiate the amount of settlement as low as possible.

The only draw-back that I saw, is that sometimes these lawyers drag out the claim for years on end to sometimes discourage the suing party to continue on the process. Unfortunately for you, it drags on the matter for you as well and you'll get called in for "fact finding interviews" and "questioning" at the most inconvenient of times (if you have work) at the most inconvenient places.

Again, I'm not sure but it's just my assumption that they make it as troublesome as possible to discourage the other party to continue on the process but it also inadvertently becomes troublesome for you too.

[OhSoGood]

That's not true. A lot of times, immediately after an accident/hard workout, you may not feel the pain due to many possible issues (adrenaline).
Remember Biology 11 Fight or flight.
It may take a few days for you to notice the body is sore.

And pain is one of those things that are really subjective and hard to prove real or fake. Different people have different levels of pain tolerance. I have no issues with needles yet some people are so sensitive that they freeze up at the thought of a shot.

That is why he is calling BS cuz she immediately grabbed her neck after she got out the car. :bullshit:

[Mr.HappySilp]

If your sister went through ICBC intially then I would suggest calling ICBC or going in person to let them know this. Since she had 3rd party liability ICBC is responsible for the lady's injuries not your sister.

Just to sum it up my AUNT who got reare ended like 5years ago is still milking money from ICBC. I don't support her actions but what can I do.

If it was me I might do it as well assuming I did get injury.

[SumAznGuy]

That is why he is calling BS cuz she immediately grabbed her neck after she got out the car. :bullshit:

I agree with you in that it would appear to be BS when she grabs her neck right away even after a small fender bender, but again soft tissue injuries are hard to diagnose and every person's pain tolerance is different.

Maybe she already had a sore neck from giving too many BJ's so it really isn't that hard for her to say her neck hurts after the accident.

[TheNewGirl]

wow i thought maybe days, weeks few months, but not 2 years.

Actually my ortho tells me it's not uncommon at all. What happened with me was I got in a car accident about 2 years ago and had a small fracture in my shoulder. I have an extremely high pain threshold, it was on my scale 'uncomfortable' but not excessively troublesome, I wasn't even aware of the fracture until recently a calcium deposit in the mishealed fracture started to cause me a lot of grief (to the point that it's impairing my range of motion). It didn't show up on the X rays my doctor initially got for me so he thought it was a muscle issue and sent me to physio.

Fortunitely I got a second opinion from an Ortho at my clinic who sent me for an ultrasound (which has a much shorter wait time then an MRI thankfully) and he saw it. The Dr tells me it happens all the time.

[SumAznGuy]

Fortunitely I got a second opinion from an Ortho at my clinic who sent me for an ultrasound (which has a much shorter wait time then an MRI thankfully) and he saw it. The Dr tells me it happens all the time.

This is why doctors have medical insurance so they are protected when they are sued for misdiagnosing things. ;)

[Mugen EvOlutioN]

will be needing some pics of your sister to assess the issue properly

i was thinking the same when i read this thread

[J____]

if someone is seriousy injuried the neck during accident, he/she wouldnt be able to "get out" the car and able to move his/her neck

i call bs

has paramedic attend and sent her to hospital afterward ?

not really true. I got rearended way back in univ. I even saw the guy coming so i was braced and ready for impact. The hit caused 12k damage to my rear end but the impact didnt feel insanely bad because i saw it coming. I got out no problem and barely felt anything for a week. after 2 weeks I was getting headaches and lower back pain. If I stood for a long time during the day, the pain would be killer when i laid down. This went on for over 8 months.

[Brianrietta]

That is why he is calling BS cuz she immediately grabbed her neck after she got out the car. :bullshit:

In at least half the collisions, even the small fender benders I've been involved in over the years I've had a sore neck and shoulders almost immediately so that doesn't strike me as being odd. That being said I've been lucky that symptoms have generally faded within a few days and have had no lasting injuries.

[Meowjin]

This is icbc's job, not yours
Posted via RS Mobile (http://www.revscene.net/forums/announcement.php?a=228)

[donjalapeno]

they need to show proof that they've been visiting the doctor. (receipts, etc.) otherwise they have no case against your sister.

this....

[tonyvu]

will be needing some pics of your sister to assess the issue properly

I see what you did there....

:haha:

[RiceIntegraRS]

This is icbc's job, not yours
Posted via RS Mobile (http://www.revscene.net/forums/announcement.php?a=228)


this! This is why we have insurance. The lady cant sue u, they sue ICBC for injuries. They only sue u cause ICBC must of rejected their claim and then, they dont have a leg to stand on

[Meowjin]

It's just part of the law to sue the defendent, even if its through ICBC. ICBC gets a copy and the defendent.

[ericthehalfbee]

I rear-ended a lady many years ago. Very minor collision that didn't even scratch the paint on the bumpers. Hell, my drink on my seat didn't even spill over.

Lady got out and was holding her neck claiming it was sore. Then proceeded to file claim for injuries.

Long story short, she was denied. The type of injury she was claiming is called "soft tissue damage" which is almost impossible to detect which is why it's so easy for people to scam insurance companies. All they need is a "sympathetic" doctor to say you are indeed suffering. You can't use an x-ray or ultrasound to detect this type of injury.

Unfortunately for her, the type of injury she was trying to fake is the kind that never causes pain until usually the next day. Sort of like when you play sports after being idle for awhile. You feel fine, but the next day you're sore.

The fact she grabbed her neck right after the accident is why she was denied. If she had said she felt fine, but then was sore the next morning she could have gotten money.

Sound like what this lady is trying.

[Meowjin]

Not entirely true. If you have enough sources that agree that something is wrong (in my case physio, doctor and chiro), they still have to pay you out. I was pretty shaken up. As I was about to go to bed about 7 hours later I started to feel really stiff. Next day I couldnt even my neck or back and I had shooting pains going down my leg.

[Ferra]

bottom line, THERE IS NOTHING YOUR SISTER HAS TO WORRY ABOUT

it doesn't matter if the women sue for $50,000 or 1,000,000, ICBC will be paying the bill. (of course unless she is suing for an amount that exceed your 3rd party liabilities and won...typically 1-3 millions.)

[ericthehalfbee]

^ If you were rear-ended with significant force, then you could have a sore neck or other injuries that cause pain immediately.

However, unfortunatley, most people don't suffer injuries from these "low speed/low damage" rear-enders. They just milk the system for "pain and suffering" and see an opportunity to get a quick $5K or $10K.

A co-worker also hit a young girl and the damage to the cars was minimal. She tried to sue ICBC for money, ICBC provided the lawyers and contacted my buddy on everything he had to do. She was also denied as it was determined the energy of the impact (based on vehicle damage) was not enough to cause injuries. Good Guys -1, Scamming Bitch - 0.

For those that think this is OK, you should know that almost 50% of ICBC's expenses are for payouts for rear-end accidents where people usually claim whiplash or other neck problems.

Next time you bitch about insurance, just think that 50% of your insurance rate is going to these people, and a LOT of them are milking the system.

[Ferra]

^ If you were rear-ended with significant force, then you could have a sore neck or other injuries that cause pain immediately.

However, unfortunatley, most people don't suffer injuries from these "low speed/low damage" rear-enders. They just milk the system for "pain and suffering" and see an opportunity to get a quick $5K or $10K.

Next time you bitch about insurance, just think that 50% of your insurance rate is going to these people, and a LOT of them are milking the system.
I blame this on overly lenient doctors...
in court, a doctor's report or testimonial is the only thing that really count...judge doesn't care whether they collision is at 10km/h or 100km/h. as long as the so called "professional" said there is injury..then there is injury (unless you find another "professional" that proves otherwise.)

[rsx]

Talk to ICBC before anything. They'll advise you on next steps.

Good luck.

Don't worry, ICBC hires PI's to tail suspected scammers. Hell, I used to work for HBT and we hired PI's for people who claim long term disability.

[Meowjin]

^ If you were rear-ended with significant force, then you could have a sore neck or other injuries that cause pain immediately.

However, unfortunatley, most people don't suffer injuries from these "low speed/low damage" rear-enders. They just milk the system for "pain and suffering" and see an opportunity to get a quick $5K or $10K.

A co-worker also hit a young girl and the damage to the cars was minimal. She tried to sue ICBC for money, ICBC provided the lawyers and contacted my buddy on everything he had to do. She was also denied as it was determined the energy of the impact (based on vehicle damage) was not enough to cause injuries. Good Guys -1, Scamming Bitch - 0.

For those that think this is OK, you should know that almost 50% of ICBC's expenses are for payouts for rear-end accidents where people usually claim whiplash or other neck problems.

Next time you bitch about insurance, just think that 50% of your insurance rate is going to these people, and a LOT of them are milking the system.

anyone in the same situation would try to do the same.

also I tboned someone threw an intersection on a one way street.

[!LittleDragon]

A few years ago, I got bumped by a CRV. My bumber had to be resprayed and that was it. $500 worth of damage. Problem was, a few days later, I couldn't turn my head and that lasted for about 2 weeks. Tried to get an injury claim going from ICBC but that was quickly shot down for obvious reasons. I would've been screwed if I didn't have extended medical covering the costs. When I was done, I called my ICBC adjustor to reiterate that I was not looking for money and that they will be receiving a bill from Pacific Blue Cross for close to $10k. All that wasted time going to physio, massage, chiro, doctor's appointments, etc...

[spoon.ek9]

i was in this situation close to a decade ago.

i was cut off before merging onto a single lane bridge by some douche bag and about 20m after the bridge there are inactive railroad tracks. he stomps on his brakes just before the tracks and i of course rear end him. i say he stomped on his brakes because no one slows down to cross these tracks. they are smooth as butter. weather was clear, not even wet pavement from rain.

after the collision, i get out run to his car and ask if he's alright. after a couple of minutes (while i'm on the phone), he gets out and immediately tells me to call an ambulance. mind you, he got out of the car on his own, he's standing up straight, and he looks completely fine.

as we exchange information, the ambulance arrives. immediately, he grabs his neck and grimaces in pain.

good. fucking. game.

so about 2 years later, i get served with a notice saying i'm being sued by this fucker. ICBC contacts me, tells me i have to appear downtown at a "discovery" into the incident. i was adament until the end that this idiot had no reason to suddenly stop like that.

about a month after all of this, I emailed my lawyer asking out of curiousity what the result was. he told me the guy was paid $20,000.

nothing came out of my pocket, except for the raise in insurance which was inevitable.

[xyz123]

http://www.icbc.com/claims/injury/process_claims

Don't know if this helps but these are the steps in which someone claiming for injury must go through to complete an injury claim. Kind of interesting if you read through it. Been in a rear end accident 2 months ago, it sucks; however the person that I rear ended didn't get past stage 3.

[ImportPsycho]

wtf after two years? what kinda bullshit is that?
was she asian?
getting the car holding back of the neck, is all faking it lol

[Meowjin]

this sounds normal. Most law firms wont touch a case till after 2 years.

[Qmx323]

if someone is seriousy injuried the neck during accident, he/she wouldnt be able to "get out" the car and able to move his/her neck

i call bs

has paramedic attend and sent her to hospital afterward ?

lol... reminds me of the time i got hit by a car, no pain for the rest of the day

the next 10 days :fuuuuu:

[izzer]

bottom line, THERE IS NOTHING YOUR SISTER HAS TO WORRY ABOUT

it doesn't matter if the women sue for $50,000 or 1,000,000, ICBC will be paying the bill. (of course unless she is suing for an amount that exceed your 3rd party liabilities and won...typically 1-3 millions.)

This is not entirely true. Yes ICBC third party liability will pay to cover damage to property and injuries for the other party involved in the collision, but your insurance rates will go up. You lose you discount and move up on the claims rated scale, meaning your increase in premiums pretty much pays icbc back what they payed out.

You may also pay out a claim to regain your claims rated scale discount, however claims involving bodily injury are not payable and you just have to work your way back to a better discount.

[Walperstyle]

First mistake is coming to the internet looking for legal advice. 2nd is not posting pics of your sister like the 2nd post requested.

[MG1]

First mistake is coming to the internet looking for legal advice. 2nd is not posting pics of your sister like the 2nd post requested.

Actually, I thought the title said, "My sis is getting used." I was like gotta check this out. Pics to assess the situation. WOW!!!


Wait........... what if she is like............ uh............... nvm.

[Ferra]

This is not entirely true. Yes ICBC third party liability will pay to cover damage to property and injuries for the other party involved in the collision, but your insurance rates will go up. You lose you discount and move up on the claims rated scale, meaning your increase in premiums pretty much pays icbc back what they payed out.

You may also pay out a claim to regain your claims rated scale discount, however claims involving bodily injury are not payable and you just have to work your way back to a better discount.
OP said they already went thru ICBC 2 years ago...I don't think they have any intention to pay out the claim by now.

as for ICBC, a claim is a claim, a $5000 claim affect your insurance the same way a $1 million claim would

[Mugen EvOlutioN]

what if she is like what
:D

[dai3yuen]

The statute of limitations for making a 'claim' against an insurance policy is 2 years, that's why the Writ is being served now. If the lawyer did not serve the writ within the 2 year period, then the other person has no case.

BTW, I love how people in this thread are like, no f*cking way should this person be paid anything, they're faking, etc. etc. but in other threads where Revscene members have been in accidents, the comments are all, "Woohoo! You've hit the ICBC lottery!! Take the @ssholes for all that you can!!"

IMO, I think that if you've been injured, no matter how little, you should be reasonably compensated according to your injuries.

[hotjoint]

Actually, I thought the title said, "My sis is getting used." I was like gotta check this out. Pics to assess the situation. WOW!!!


Wait........... what if she is like............ uh............... nvm.

you're hilarious

[BLUETIGER]

And if you really want to call BS, hire a private eye to snap photos of accuser doing shit otherwise not possible with a strained neck. Might be costly but it could save you otherwise.

that shit is DIY and sounds fun

bring some evidence in of her giving head with a strained neck

[Meowjin]

that wont work. You guys really don't know how they pay out on injuries for stuff like this. do you think people arnt gonna go on with their normal lives if they have simple injuries like this?

[africanbanana]

will be needing some pics of your sister to assess the issue properly

your a fucking asshole.

[Ulic Qel-Droma]

something similar like this happened to me like this when i was 16 and had my L lol.

i was making a left, i tried to race a yellow and of course the person on the furthest lane decided to go forward, we both slammed our brakes and i hit them going like.. 5km/h or something lame. it was almost nothing.

4 ppl in my car, 3 ppl in theirs. everyone was fine. absolutely fine
then the lady claimed neck injury and loss of money cuz she couldnt work blah blah.

anyways of course, GET A FUCKING LAWYER, but probably ask ICBC what you should do first. cuz ICBC doesn't want to pay them out either, they will help you as best they can.

anyways, i was young I really don't remember how the issue resolved other than, i had to go in, their lawyer asked me questions for like 45min. then "my" lawyer (i think icbc refered him), "interrogated" her for like 4 hours. i never heard from her again.

mind you, fuckin 10 years later, i ask ICBC why im not road star status, and they're like, oh 10 years ago you got in an accident and blahbalh. i was like uh yeah but it wasnt my fault (cuz we paid off all the damage in cash). they're oh oh yeah! ok.

then i find out later, ICBC did eventually pay her out 75 000 dollars. SEVENTY FIVE THOUSAND FUCKING DOLLARS. after 3 years of her bitching and going through the legal crap.

ok so whatever, icbc's problem not mine anymore cuz it was resolved and i didn't have to pay her a cent or use my insurance at all (mind you this is another reason you always get more than 1million liability. legal things cost a lot, what if they really did get seriously injured and you get sued for 5million+, lol your insurance aint gonna cover all of that, you're fucked for life).

so the same can be done with you cuz the situation sounds similar, if they want their money, make them get it from ICBC not you.

i'm no lawyer but yeah, icbc knows tons of ppl try to scam them for money and shit.

[Blinky]

No need to get a lawyer. ICBC will handle this; the only issue that could come up is if your 3rd party liability coverage is exceeded (given what the OP describes as the other person's "injuries", chances of this seem distinctly remote).