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I am being sued

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Infamous Scribbler
Posts: 617
Joined: 22 Oct 2008

I was involved in a car accident in 2006, yes the accident was my fault but I cant describe the road I was traveling down other than it was hellish and slick I tapped my brakes to slow down for this awful curve when they locked up my tires were completely turned for the curve and I skidded forward hitting another car. Today I get a letter in the mail from a lawyer that my insurance company hired on my behalf. I wanted to ask all you Escapist, Is this just a ploy to get more money or am I royally screwed? this has been eating at me all day any advice would be appreciated.

On the Record
Posts: 7010
Joined: 22 Aug 2008

Depends what they're sueing you for really. It's probably a ploy to get more money on the part of the victim for "compensation". Hope your insurance company hired a good lawyer.

Pulitzer Laureate
Posts: 767
Joined: 4 Sep 2008

If you can prove that the roads were in bad driving condition and you had done all you could to prevent it from happening, I believe you have a fairly good chance of coming out unscathed.

Muckraker
Posts: 264
Joined: 5 Nov 2008

How badly was the other car damaged? If it was minor damage, they might just be trying to screw you over for some extra cash.

Gone Gonzo
Posts: 3644
Joined: 3 Apr 2008

Run like hell?

Gone Gonzo
Posts: 2338
Joined: 5 Nov 2008

The accident happend 2 years ago so this guy must want an out of court settlement. He will drop the charges if you go to court.

Pulitzer Laureate
Posts: 772
Joined: 25 Jun 2008

Well it depends but I think that because of the delay you should be okish. If it is a medical claim it may be all bull, if not its even more likely its bull. I think you have an ok chance of coming out of this alive.

This is why no fault is a good thing.

Gone Gonzo
Posts: 1416
Joined: 9 Jun 2008

Yeah, sounds like you just got really unlucky and hit on of those greasy buggers who are just out to go more money then they are entitled to, and doesn't want to have to do any work for it.

That being said, I'll see ya in court, mate.

Infamous Scribbler
Posts: 617
Joined: 22 Oct 2008

I think I'll go out tomorrow and make a vid of the curve but in all honesty my summons says shes suing me for property damage and the fact that she was hurt. she was driving a brand new Dodge mini van and I have a 91 Buick, my car is made of metal hers isnt I messed her van up.

Vault Legend
Posts: 2205
Joined: 30 Jul 2008

Well, it depends on the nature of the trial. Since it's your fault, and you admit that, then it's just whether or not their claim is being paid for by your insurance company. That should be the end of it. I'd recommend talking to your lawyer to find out the exact details of the case. Frankly, this sounds like they're suing you being you/your insurance is not paying, or not paying sufficiently, for the damage on their vehicle or hospital bills.

If it's something like emotional or physical trauma, and unless you really slammed into them, then it's likely just the American dream a frivolous lawsuit you've been slapped with. Your best bet is to talk to your lawyer, get a copy of your insurance contract, and comb through as much of that with him/her as you can regarding the specifics of the case, and how it is covered in your policy, and how extensive the damage.

On top of that, ask the prosecuting party for a copy of the quote for their car repairs, reference it with a quote for the same services from another mechanic. Basically, set up as much in your defense as you can. If this lawsuit smells fishy, which it very much does from here considering it's for minor car repairs on a 2-year-old accident, then see if you can cover your legal butt for any fault you may have had. The only way this lawsuit could but mustard is if they had driven/restored a very expensive antique vehicle, or made extensive modifications to one to merit a price larger than your insurance policy would cover.

So yeah, in this order:
1. Contact your lawyer. Go over the fine points of the suit. Figure out the who, the what, and the why of this lawsuit. Once you do that, research what you can from this end.
2. From that, have your lawyer call theirs, and really get the skinny on what they're looking for. Figure out why this suit is showing up now, and what had happened that would call for it.
3. Consult with your lawyer about reasons this suit could be thrown out, or settled for a reasonable price. This one's entirely up to you, but if you're feeling the short end of the stick in this, you don't have to sit down while it happens, it's your right to contest it.
4. Play it smart. Threatening prosecution, trying underhanded tactics to get it thrown out, or any other unsavory business could put you in a nasty position. Ask your lawyer what his/her advice is, ask why this is his/her advice, and what the other alternatives are. Talk to your insurance to see if they'll opt for covering the settlement, since this should fall under accident coverage. Don't be afraid to consult your lawyer about everything. It's their job, so they generally have a good idea of what the best courses of action are.
5. Good luck, play it smart, and walk the straight and narrow.

Press Junketeer
Posts: 404
Joined: 18 Sep 2008

This happened to my mom, but the lawsuit got thrown out. She was in a three car wreck at a red light, bumping the car in front of her. It was a fender-bender at worst, with barely any damage done to the three cars beyond a few busted tail and headlights. Well, over a year later, the teenager driving the car tried suing her for "traumatic emotional damage and injuries." The kid was a football player and got injured, and had the brilliant scheme to try and make some money by blaming his broken leg on a car wreck that happened at about ten miles per hour a year ago.

There is a reason why the stereotype for jocks are flaming retarded dumbasses.

Anyway, I think this will play out in a similar manner. The time frame is all wrong. Typically, a legitimate, successful lawsuit must be filed within months. This will look very fishy because of how long it has been since it happened.

Gone Gonzo
Posts: 1416
Joined: 9 Jun 2008

Hmmmmmm....... She + Minivan = Desperate Soccer mom out to get your money! Just tell the judge her child is never going to be the next Wayne Rooney anyways, and they'll agree she doesn't deserve anything!

In all seriousness yeah, if she's suing ya 2 years after the fact, she knows she's got nothing and it just grasping at straws to try and get some quick cash via the roulette wheel that is the legal system. Just throw basic facts on the court record and you'll be fine.

Infamous Scribbler
Posts: 617
Joined: 22 Oct 2008

That's what every one has been telling me but shes an older lady and I'm afraid my youth will be used against me like I'm some kind of homicidal fucking (srry about the language) maniac.

Gone Gonzo
Posts: 3587
Joined: 6 Aug 2008

If she was really hurt then she would have contacted you earlier, she's just trying to get more money, or your insurance company is refusing to pay up, either way you should be fine.

Edit: ^ to above post.

She tries that reverse it, blame her for stopping on a bad position (or whatever the case may be) and insinuate that because of her age she was unable to correctly operate her car. She's gonna pull that sh^t flip it and as long as you never actually say "she's old and can't drive" directly you should manage.

Infamous Scribbler
Posts: 617
Joined: 22 Oct 2008

That's what I'm thinking too but it's just the fact that I'm going to have to miss school and work because of this if I could have hit the guard rail and went flying over the hill I honestly would have instead of hitting her.

Gone Gonzo
Posts: 1416
Joined: 9 Jun 2008

Well if you submit the quotes on fixing up her damages, as well as the layout of the road you were traveling on, as well as getting a look at any medical bills she may have incurred, and judging whether they merit any kind of a mention, and then carefully explain on the stand the conditions and actions surrounding the event in your own words, the jury, if they have any decency, should understand and find in your favor.

And if you don't like that strategy, there is always the Phoenix Wright route where you could just shout objection at everything.....

Gone Gonzo
Posts: 3508
Joined: 20 Aug 2008

If your insurance company would be on the hook for any damages in any potential lawsuit, don't worry at all---hell hath no fury like an insurance company sued.

Gone Gonzo
Posts: 3644
Joined: 3 Apr 2008

seriously.... Hire Pheonix Wright... Or New Classic as you lawyer

Infamous Scribbler
Posts: 617
Joined: 22 Oct 2008

SimuLord:
If your insurance company would be on the hook for any damages in any potential lawsuit, don't worry at all---hell hath no fury like an insurance company sued.

Yea they are the one paying for my lawyer its just that I've never been sued before I mean for gods sakes it was 2 fucking (language I know) years ago why now?

On the Record
Posts: 5175
Joined: 3 Mar 2008

A woman crashed into my Dad's car a while back, and we had full evidence to prove that she was in the wrong.

We were surprised to receive a letter from her insurance company for the same reasons that you have stated. We responded defensively, and we haven't heard from them since.

But I have no idea how big of a pickle you're in. You an American, by any chance?

EDIT:

smallharmlesskitten:
seriously.... Hire Pheonix Wright... Or New Classic as you lawyer

I would have advised Khell_Sennet.

EDIT AGAIN: Or Eggo.

Gone Gonzo
Posts: 2663
Joined: 20 Jul 2008

Mention things that you were also injured in the accident and so forth, every small bit of information on your part can help.

Infamous Scribbler
Posts: 617
Joined: 22 Oct 2008

Lord Krunk:
A woman crashed into my Dad's car a while back, and we had full evidence to prove that she was in the wrong.

We were surprised to receive a letter from her insurance company for the same reasons that you have stated. We responded defensively, and we haven't heard from them since.

But I have no idea how big of a pickle you're in. You an American, by any chance?

Yes I'm an American and its just really bothering me because if I could have had any control of the car I would have veered it off that freaking hill. I'm going to post a video tomorow of my car and that hellish turn.

Edit: Yes I should enlist Eggo as one of my lawyers maybe they can turn this into a hate crime against me seeing as I'm one of those awful gay folks (if you cant laugh at yourself then what can you laugh at)

Gone Gonzo
Posts: 3644
Joined: 3 Apr 2008

Lord Krunk:
A woman crashed into my Dad's car a while back, and we had full evidence to prove that she was in the wrong.

We were surprised to receive a letter from her insurance company for the same reasons that you have stated. We responded defensively, and we haven't heard from them since.

But I have no idea how big of a pickle you're in. You an American, by any chance?

EDIT:

smallharmlesskitten:
seriously.... Hire Pheonix Wright... Or New Classic as you lawyer

I would have advised Khell_Sennet.

EDIT AGAIN: Or Eggo.

OBJECTION: THERE IS A TROLL IN MY COURTHOUSE!!!

On the Record
Posts: 7010
Joined: 22 Aug 2008

smallharmlesskitten:

Lord Krunk:
A woman crashed into my Dad's car a while back, and we had full evidence to prove that she was in the wrong.

We were surprised to receive a letter from her insurance company for the same reasons that you have stated. We responded defensively, and we haven't heard from them since.

But I have no idea how big of a pickle you're in. You an American, by any chance?

EDIT:

smallharmlesskitten:
seriously.... Hire Pheonix Wright... Or New Classic as you lawyer

I would have advised Khell_Sennet.

EDIT AGAIN: Or Eggo.

OBJECTION: THERE IS A TROLL IN MY COURTHOUSE!!!

image

*shakes head* There are no trolls here.

Gone Gonzo
Posts: 3508
Joined: 20 Aug 2008

reaper_2k9:

SimuLord:
If your insurance company would be on the hook for any damages in any potential lawsuit, don't worry at all---hell hath no fury like an insurance company sued.

Yea they are the one paying for my lawyer its just that I've never been sued before I mean for gods sakes it was 2 fucking (language I know) years ago why now?

Old ladies with lawyers are like bacteria in AIDS patients. Opportunistic and ruthless.

Infamous Scribbler
Posts: 617
Joined: 22 Oct 2008

I object.. this candy machine is out of order!!! I want to thank all of you who told me not to worry about it my anxiety disorder tends to get outta control sometimes....my heart is swelling with this emotion called love.

On the Record
Posts: 7329
Joined: 23 Dec 2007

smallharmlesskitten:
Run like hell?

The long arm of the law will catch you. The house always wins.

Infamous Scribbler
Posts: 617
Joined: 22 Oct 2008

Anarchemitis:

smallharmlesskitten:
Run like hell?

The long arm of the law will catch you. The house always wins.

Yes it will damn law and its stretch armstrong like arm damn you!!!!!

Gone Gonzo
Posts: 3644
Joined: 3 Apr 2008

Anarchemitis:

smallharmlesskitten:
Run like hell?

The long arm of the law will catch you. The house always wins.

Run Like hell to Ulan Bator?

Creator of Unforgotten Realms
Posts: 581
Joined: 15 Apr 2008

HAVE YOU BEEN INJURED IN AN ACCIDENT?
WAS IT NOT YOUR FAULT?
DO YOU WANT TO SCARE PEOPLE INTO GIVING YOU MONEY?
CALL 555-SUEABITCH TODAY!

Infamous Scribbler
Posts: 617
Joined: 22 Oct 2008

SirSchmoopy:
HAVE YOU BEEN INJURED IN AN ACCIDENT?
WAS IT NOT YOUR FAULT?
DO YOU WANT TO SCARE PEOPLE INTO GIVING YOU MONEY?
CALL 555-SUEABITCH TODAY!

What was that number again?!!!! Escapist you guys once again are great.

Gone Gonzo
Posts: 3587
Joined: 6 Aug 2008

reaper_2k9:

SirSchmoopy:
HAVE YOU BEEN INJURED IN AN ACCIDENT?
WAS IT NOT YOUR FAULT?
DO YOU WANT TO SCARE PEOPLE INTO GIVING YOU MONEY?
CALL 555-SUEABITCH TODAY!

What was that number again?!!!! Escapist you guys once again are great.

Remember, if she wins, you might as well actually damage her car as badly as she claimed. You still have that heavy metal car, right?

Anyways good luck and get pictures of her soul crushing defeat in court.

On the Record
Posts: 7010
Joined: 22 Aug 2008

falcontwin:
You hit another car head on by not observing the road conditions and adjusting your driving accordingly. Sucks to be you but it's your fault. You sound like one of those people who barrels on at 110 on the freeway in pouring rain with 0 visibility "cause I'm doing the speed limit so it's safe"

Hope you get sued into bankrupcy and aren't ever coming the other way on any road I am driving on .

Hope I never meet a grouchy-face like you in real life ;/ By Apollo, what crawled up your arse and died this morning?

Infamous Scribbler
Posts: 617
Joined: 22 Oct 2008

falcontwin:
You hit another car head on by not observing the road conditions and adjusting your driving accordingly. Sucks to be you but it's your fault. You sound like one of those people who barrels on at 110 on the freeway in pouring rain with 0 visibility "cause I'm doing the speed limit so it's safe"

Hope you get sued into bankrupcy and aren't ever coming the other way on any road I am driving on .

Actually I was paying attention and was only going about 30 mph like I said that curve is hellish and the road was slick yes it was my fault but I cant control the car when it wants to go forward and I have the wheels turned to the right.

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