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Old 03-18-2016, 02:31 PM
 
10,817 posts, read 8,065,019 times
Reputation: 17029

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Quote:
Originally Posted by jean_ji View Post
That may be true in some states but not FL. They may get everything else you own, but not your home. Not having a homestead exemption in FL leaves you wide open for losing your home in a lawsuit.
In Texas, your legal homestead, home furnishings and personal property up to $30K (60K for a couple), IRA's and 401K's are exempt from forced sales to settle judgments not due to divorce or delinquent taxes.
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Old 03-18-2016, 02:31 PM
 
10,926 posts, read 9,333,955 times
Reputation: 6621
My NYC training taught me to NEVER leave anything of value visible in a parked car.
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Old 03-18-2016, 02:42 PM
 
29,782 posts, read 34,871,258 times
Reputation: 11705
Quote:
Originally Posted by biscuitmom View Post
I've heard of these type scams but I'm not sure how one would avoid them other than being a good "defensive" driver which most of already are.

I did a google search for handling fraudulent accidents and all I got was returns like this:
How to Contest the Other Driver's Fraudulent Injury Claim | by Nolo

which basically suggest the same steps to follow as you would in any accident.
That is it exactly defensive all the way. Under control with good breaking distance, focus and anticipating even if nothing happens. Umbrella policies are also wise.
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Old 03-18-2016, 04:03 PM
 
Location: SW Florida
9,759 posts, read 7,038,572 times
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Quote:
Originally Posted by biscuitmom View Post
I've heard of these type scams but I'm not sure how one would avoid them other than being a good "defensive" driver which most of already are.

I did a google search for handling fraudulent accidents and all I got was returns like this:
How to Contest the Other Driver's Fraudulent Injury Claim | by Nolo

which basically suggest the same steps to follow as you would in any accident.
We were always warned of this type of "accident" when I lived in Miami, FL, and I knew of two people who were involved in a set up accident. A friend of mine was involved in one with three cars that essentially boxed her in on a street, one car cut in front of her, then slammed on his brakes suddenly, while the other two cars drove next to her so she couldn't switch lanes to get out of the way. She said she didn't hit the car that hard, but it was a beater and in bad shape to begin with. She got a police report, reported the accident to her insurance company. She said months later the driver sued her for about a half million dollars in damages, claiming extensive back injuries, aggrevation of chronic conditions that required surgery and ongoing treatment in various parts of FL. She gave the information to her insurance company, who told her they saw that type of fraudulant claim all the time, and not to give it another thought, they would take care of it. She never heard anything else about it.

Another woman was an elderly mother of one of my coworkers. She was driving in a not so great area of Miami, stopped for a light. She said a young man walked out into the street and bumped her car as she started to accelerate, then fell down next to the car, screaming that she had hit him. She said suddenly out of nowhere there were about 10 "witnesses" who claimed they had seen her hit the guy. Well, my coworker said the police, and insurance company recognized this was obviously a fraudulant claim, but even still, her insurance company settled with the "victim" and he got $10,000.

That's part of the motivation for these fraudulant accidents, even when a claim is obviously fraudulant, insurance companies will settle with a dollar amount figuring that doing so will be much cheaper than going to court.
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Old 03-18-2016, 04:08 PM
 
2,557 posts, read 3,882,375 times
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Quote:
Originally Posted by EA View Post
Dash cam. Everyone should have one these days.
I use my phone. No extra expenses. A cheap memory card can record a weeks worth of hd trips around town before i just record over it. Attached to my dash of course.
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Old 03-18-2016, 04:54 PM
EA
 
Location: Las Vegas
6,183 posts, read 5,212,692 times
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Quote:
Originally Posted by unf0rgiven6262 View Post
I use my phone. No extra expenses. A cheap memory card can record a weeks worth of hd trips around town before i just record over it. Attached to my dash of course.

Problem with that, for me at least, is forgetting to set your phone up. With my luck, I'd forget the day someone hit me.
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Old 03-18-2016, 05:09 PM
 
Location: Cochise county, AZ
4,975 posts, read 3,460,586 times
Reputation: 10494
And that is so sad for those of us who are hurt in an accident. I was in a 'legitimate' accident when a woman ran a red light and crashed me into a steel barrier.

The insurance companies contested it, of course, but because of all the delays, it was 2 years before an MRI was approved & it turned out my sciatic nerve had been pinched all that time & I also had to have 2 fused vertebrae.

Yes, there are scammers. They have made it very difficult for those of us who are real folks. I'll never be able to walk normally again, and I'll never know if the outcome would have been better if the MRI could have been done sooner.

This is why I hope these scammers can be found, reported and charged. I paid insurance for 30+ years with no accidents. Then when I finally had one, which was not my fault, it took over 2 years before my pain was even addressed, due to insurance investigation.
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Old 03-18-2016, 06:08 PM
eok
 
6,684 posts, read 3,171,794 times
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Quote:
Originally Posted by meo92953 View Post
it was 2 years before an MRI was approved
Who approved it? Why couldn't it have been approved by someone else? Wouldn't it be covered by your health insurance regardless of the accident?
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Old 03-18-2016, 06:37 PM
 
Location: Cochise county, AZ
4,975 posts, read 3,460,586 times
Reputation: 10494
Quote:
Originally Posted by eok View Post
Who approved it? Why couldn't it have been approved by someone else? Wouldn't it be covered by your health insurance regardless of the accident?
It happened that I was laid off at the time so did not have company insurance. Who finally approved it? I'm not sure which insurance company approved it, mine or hers. I know they were both fighting, which is why I finally hired a lawyer. My fault that I didn't do that right away.

I did go to the hospital right after the accident but they only did x-rays, not an MRI.

Yes the whole thing was mis-handled. That's what happens when you're just a regular human being & Don't believe in lawsuits.

Or, should I say, trust the insurance company you've been paying for years.
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Old 03-18-2016, 07:40 PM
 
6,623 posts, read 3,750,159 times
Reputation: 13698
Wow. I'm going to be on the lookout for that scam.

But there is one thing about that particular kind of "accident." You can actually tell who hit who by the damage on the senior's car. If her damage was on her back bumper, she did indeed hit the other car. If the damage is to the side of her car near the rear end, THEY hit HER car. So it's likely she wouldn't be found at fault. Although I hear that it's presumed that the one backing out is at fault, so that person must prove he is not at fault. (Presumed to be at fault because they are supposed to be carefully looking and going slowly enough to be sure it's safe to go.)
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