Legal Question in Insurance Law in Nevada

Hit a light post in parking lot with friend in passenger seat. Airbags deployed but was no need for medical attention. both of us walked away unscathed. Now 2 days later her friend is calling me requesting insurance info to take her to hospital.

Even if they say something is wrong with her, didn't she wait too long to go? She has been in accidents in the past and I'm afraid they'll try to make me pay for an existing condition. Could really use the advice.


Asked on 2/03/10, 9:06 pm

1 Answer from Attorneys

Rick Williams Law Offices of Frederick D. (Rick) Williams, Chtd.

It is entirely possible that injuries she may have suffered did not manifest for a couple days after the accident. Given her accident history, there may be a defense based on "pre-existing condition," but that usually only limits the damages somewhat. If she did not seek fairly immediate medical attention, she really may not have much of a claim, though. I hope you opted for medical (often called "med-pay") coverage on your policy, as she can get all her bills paid by that with little trouble.

The reason you bought insurance was to provide coverage for you in such an event. If it becomes necessary to stand up to the claims, your insurer will provide a defense attorney to represent you. He/she most certainly will research her past injuries and learn whether your friend has brought such claims in the past. Unless you want to just pay her bills, you really must open a claim with your insurance company.

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Answered on 2/11/10, 12:16 pm


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