I had a fender bender in which I tapped the bumper of a car at a yield where both of us were at a stop. she had a previous neck injury in which she told the police. She went to the hospital to get checked out. Now I am finding out through my insurance company she has contacted an attorney. Her damage was 996.87 dollars to repair her bumper. Is she entitled to a cash pay out? They keep referring to an ''Eggshell'' plaintiff.
1 Answer from Attorneys
Re: fender bender
An "eggshell" plaintiff is someone whose medical condition prior to an accident is such that the accident impact has a greater effect on them than it would on a completely healthy person. The law says that you take your victim as you find him, so if this woman and her attorney are able to convince your insurance company that her enhanced injuries are legitimately related to the (albeit minor) impact in your accident, they will pay her claim up to your policy limit. If she only incurred expenses immediately after the accident for the emergency room and a few follow up doctor visits, they will probably reach a settlement. Otherwise, they will bring suit against you and your insurance company will defend you.