Whiplash claim and lawsuit?

You are at fault in the incident...there really isn't nothing you can do about the claim. If you rearend the car then unless you have a good lawyer or the police screwed up somehow you probably are stuck with the claim. For whiplash I think the settlements are pretty small like in the 3-5k dollar range plus whatever medical bills the woman ammased while in the hospital. Ask the insurance company what the reserve on the injury is.....Whenever someone is hurt depending on how bad they are hurt the insurance company sets "reserves" or reserve amounts on how much a case should cost. Just like when you go to get your car fixed and they tell you how much it should cost. Just the fact that it's litigated alone will bring the amount up because of lawyer fees. Whiplash is one of those sorts of things that ambulance chasers are all over, and I doubt that they are going to try to sue the insurance company for any more than your coverage for the simple fact that they know the insurance company will pay and you....may not. If I ever got stuck with a B.S. claim like that I would probably pull a big F.U. and declare bankruptcy....I wouldn't worry about it too much, whiplash is almost impossible to prove/disprove because the lawyer will coach the lady and send her to the doctor that he wants her to go to anyway. It's just another way to grab a check and screw the system..sadly enough it's s like this that make our insurance rates go sky high.