[CA] Can someone file an insurance injury claim after verbally agreeing to a small cash settlement?

CA Car Accident

Richard

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Unfortunately, your options are limited to what your insurance company wants to do on the claim. They would make the decision on whether to resolve the claim and for how much. (CA Civ Code § 2778)

Unfortunately, they can do that without your permission.

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I bumped another vehicle. The owner of the vehicle agreed at the scene to take $100 in compensation for a small plastic part that broke (it was a part of the bike rack). No other damage was reported, including injuries (he did not report being injured). I have a 2-door 2021 Bronco (4,000 pounds); he has a Class C Sprinter RV (12,000 to 15,000 pounds). The only thing that was damaged was a 2" piece of plastic on the end of his bike rack (where my car made contact).

After a few days, he told me he was going to make a police report and claim injury (whiplash), then later told me that the symptoms had gone away. Then, after that, he filed a claim with my insurance company, that he indeed did have whiplash.

My question is, what are my options? I believe wholeheartedly it is a fraudulent claim.

Lexi, Chatbot

I understand how concerning it can be to deal with a situation involving a potential fraudulent claim. Have you already reported this incident to your insurance company, and if so, what steps have they taken so far?

I did report it. They said they were just going to process his claim. Seemingly, regardless of lack of evidence.

Lexi, Chatbot

Do you have any documentation or evidence from the scene, such as photos or witness statements that could support your case?

Recorded? No. I have texts and emails. One email says, "My neck feels stiff but seems to be improving." He reported no further after that.

Lexi, Chatbot

Is there anything else the lawyer should know before I connect you? Rest assured they'll be able to help with your fraudulent claim concerns.

Yes.

Richard

Hello. My name is Richard and I have been a licensed attorney for over 25 years and hope to be of assistance. Please be advised that this website is for information purposes only and I cannot formally represent customers of this website or perform actual legal services on your behalf.

I understand you bumped another vehicle and are now facing a claim from the other party despite an initial agreement. Could you tell me more about any steps you've taken so far regarding this claim?

I reported it to the insurance company, and said the other party might claim whiplash which I consider a fraudulent claim. They said they would just have to go ahead with the claim regardless of the evidence.

Richard

Thanks for sharing that. Could you let me know where this incident took place? Knowing your location can help me understand the legal context better.

The Chevron in Westley, CA.

Richard

Got it, thanks! What is your legal question regarding this issue?

Have you read any of this? I suspect this is a fraudulent claim. What can I do? I do not want my insurance company to just accept it at face value (his injury claim). Please scroll up and read.

Richard

Unfortunately, your options are limited to what your insurance company wants to do on the claim. They would make the decision on whether to resolve the claim and for how much. (CA Civ Code § 2778)

Unfortunately, they can do that without your permission.

Richard

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