Asked in Car Accidents and Personal Injury for Kansas

Q: Car accident 3 years ago. My car totaled, their car had hardly a scratch. Now, they are opening an bodily injury claim.

I stopped at a stop sign, I checked both ways, didn't see anyone coming, so I slowly turned right into the lane. My car was old and couldn't accelerate fast, anyway. The other car hit the front left of my car with their rear right side. My car's front bumper was on the ground and the hood was bent open. It was totaled. I got out and talked to the other driver and passenger. Their car looked the same, except for a scratch on the right rear. They said they were okay and more worried about me. I was surprisingly perfectly fine, physically. Fast forward a month and the other driver claims they got hip damage and back pain from the accident. I just pleaded guilty for being at fault and paid for it, just wanting it to be done with. Now, three years later, I get an email from my insurance company from then, saying the other driver has an open bodily injury claim and they received an offer to settle. They are seeking an offer to settle for $25,000, which is my policy limit.

1 Lawyer Answer
Tim Akpinar
Tim Akpinar
  • Personal Injury Lawyer
  • Little Neck, NY

A: A Kansas attorney could advise best, but your post remains open for a week. This can happen, despite the superficial damage to their vehicle at the scene of the accident. The bodily injury claim was probably open for some time. If a settlement of $25,000 is reached, the next thing that should happen is that they will be asked to sign a release. The purpose of that is for them to relinquish their rights to pursue future claims against you. If you contact your insurance company, they should be able to explain this to you in more detail. Good luck

Tim Akpinar

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