I am being sued

Recommended Videos

reaper_2k9

Keeper of the Beer
Oct 22, 2008
493
0
0
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.
 

Amnestic

High Priest of Haruhi
Aug 22, 2008
8,946
0
0
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.
 

Chickenlittle

New member
Sep 4, 2008
687
0
0
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.
 

MorsePacific

New member
Nov 5, 2008
1,178
0
0
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.
 

Sewblon

New member
Nov 5, 2008
3,107
0
0
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.
 

TerraMGP

New member
Jun 25, 2008
566
0
0
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.
 

NeoAC

Zombie Nation #LetsRise
Jun 9, 2008
8,574
0
0
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.
 

reaper_2k9

Keeper of the Beer
Oct 22, 2008
493
0
0
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.
 

NewClassic_v1legacy

Bringer of Words
Jul 30, 2008
2,484
0
0
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.
 

Raven28256

New member
Sep 18, 2008
340
0
0
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.
 

NeoAC

Zombie Nation #LetsRise
Jun 9, 2008
8,574
0
0
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.
 

reaper_2k9

Keeper of the Beer
Oct 22, 2008
493
0
0
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.
 

Reaperman Wompa

New member
Aug 6, 2008
2,564
0
0
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.
 

reaper_2k9

Keeper of the Beer
Oct 22, 2008
493
0
0
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.
 

NeoAC

Zombie Nation #LetsRise
Jun 9, 2008
8,574
0
0
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.....
 

SimuLord

Whom Gods Annoy
Aug 20, 2008
10,075
0
0
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.
 

reaper_2k9

Keeper of the Beer
Oct 22, 2008
493
0
0
SimuLord said:
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?
 

Lord Krunk

New member
Mar 3, 2008
4,809
0
0
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 said:
seriously.... Hire Pheonix Wright... Or New Classic as you lawyer
I would have advised Khell_Sennet.

EDIT AGAIN: Or Eggo.