I'm being sued.

Discussion in 'Free Thoughts' started by superstring01, Oct 30, 2008.

  1. superstring01 Moderator

    Messages:
    12,110
    Yep. I'm being sued for--get this--$150,000.

    I'm not kidding.

    Two years ago I was involved in SMALL a car accident that did, literally, $750 worth of damage to my front bumper. While cruising down the highway during a rain storm, an older gentleman (like 60ish) was at a complete stop in the middle lane. I managed to come to a slow enough speed before hitting him that only resulted in a cracked bumper on my part and a broken tail light on his. We talked. Told a few jokes. Bantered about work and exchanged insurance and personal information... and parted ways.

    In fact, the damage was so small that when the sheriff showed up at my house to take pictures, he didn't believe that "that" was the car that was involved in the accident. The sheriff then went on to tell me how the "other man" said that I fled the scene of the accident. After showing him the "other man's" personal information (home number, insurance information), he realized that it would have been impossible to "flee" while still managing to gain that information. He laughed and went on his way without issuing the citation which he was sure he would have to issue before arriving at my house. Later that same week, when the insurance adjuster showed up at my work, she asked if I was in the same car that was involved in the accident. She explained that the next day, the man went to the hospital with NO APPARENT INJURY, but was claiming neck pain.

    Two months later and thoroughly lawyered-up, he filed a comparatively massive lawsuit. As some of you may know, one of the less attractive aspects about my Anglo-Saxon culture is the Romanesque (ancient) propensity to see dollar signs every time something--no matter how small--happens. Thankfully I have insurance, and a lot of it (I used to be an agent), so I'm covered... but nonetheless sickened.

    What about you? Am I alone in this?

    ~String
     
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  3. Baron Max Registered Senior Member

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    23,053
    Similar thing happened to me. I sold a car to a guy, signed the title and everything per the law. However, he didn't register the car as his as is required by law. Then he had an accident - he was drunk and ran into a house! Yep, in the clove box was my name and address as the owner of the car.

    The best an only thing you should do is call your insurance agent, let him handle the details of it. You could get an attorney on your own, but then you also have to pay him. Check with your insurance agent, it'll end up being little or no big deal to you.

    Baron Max
     
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  5. joepistole Deacon Blues Valued Senior Member

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    22,910
    I feel for you string. your insurance company deals with this kind of crap all the time. I am sure they know how to handle it. But it is certianly a PAIN. I have not yet been in that situation.

    I have been rear ended a few times, but nothing too worry about or make a fuss about. I never sued anyone over it. Of course I am not the suing kind. The answer to every social ill is not a law, and the answer to every incident or conflict a lawsuit.
     
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  7. superstring01 Moderator

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    GEICO hired me an attorney who, interestingly enough, called me today with the good news. While I knew that I was being sued, I didn't know the exact amount until today. My jaw fracking hit the floor!

    ~String
     
  8. ashura the Old Right Registered Senior Member

    Messages:
    3,611
    I've seen this sort of thing happen so many times it's ridiculous. You should be fine since you have the insurance and the sheriff, it'll just be a pain in the ass. They always start with ridiculously high amounts so that they can try and negotiate their way to a much smaller but still better-than-nothing settlement which your insurance co. will take care of.
     
  9. jpappl Valued Senior Member

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    Super,

    People can make any claim they want and some sleazy lawyers will try anything to make it stick.

    For the most part since there was so little evidence of injury based on how you describe the event, it is unlikely that they will see anything close to that.

    However, the bigger problem for the rest of us, is that they will typically get far more that what an honest person would be reimbursed for.

    That is essentially fraud, but the company would rather pay out a sum that would satisfy them rather then continue to battle for a lesser amount which could then end up costing the company more in fees etc.

    We all pay for that and so they should both be ashamed of themselves.

    But obviously there are not capable of that.
     
  10. Orleander OH JOY!!!! Valued Senior Member

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    25,817
    so why are they suing you and you're not counter-suing?
     
  11. jpappl Valued Senior Member

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    2,985
    Ashura,

    Sorry you beat me to it. Never mind.
     
  12. jpappl Valued Senior Member

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    2,985
    Orleander,

    He has no case for that. A rear end accident is almost impossible to prove that you are not at fault.

    The matter of fault is clear enough, the matter of reimbursement is negotiable and debatable.

    As Ashura said, they can claim a request for 150K but may only get 10K or less.

    All depends on what they are claiming and what can be substantiated.
     
  13. Orleander OH JOY!!!! Valued Senior Member

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    25,817
    Two years after the fact???
     
  14. Enmos Valued Senior Member

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    43,184
    It's not just your culture, it's people in general.
     
  15. jpappl Valued Senior Member

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    2,985
    Bottom line is the best way to protect your investments is to keep high liability coverage for your autos and home etc.

    I have an umbrella policy of 1 million over my basic limits. So I have 1.5 mil total. You can by them at even higher limits.

    I look at the cost of the umbrella and higher liability coverage as part of my investment strategy, not as buying insurance for legal purposes.
     
  16. jpappl Valued Senior Member

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    2,985
    I thought I read 2 months later, not 2 years.
     
  17. Orleander OH JOY!!!! Valued Senior Member

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    25,817
    :shrug:
     
  18. jpappl Valued Senior Member

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    2,985
    Enmos,

    "It's not just your culture, it's people in general."

    Yes, it has as much to do with who you hit, not how much damage was done.
     
  19. jpappl Valued Senior Member

    Messages:
    2,985
    Orleander,

    "Two years ago I was involved in SMALL a car accident that did"

    "Two months later and thoroughly lawyered-up"

    Maybe we can get this clarified. It sounded like he just got the notice about the suit.
     
  20. cosmictraveler Be kind to yourself always. Valued Senior Member

    Messages:
    33,264
    Your own insurance company should be notified and their lawyers will handle it. I don't know the statue of limitations in your state but 2 years I would think is to long, but like I say I don't know that's why your insurance company should take over now.
     
  21. Orleander OH JOY!!!! Valued Senior Member

    Messages:
    25,817
    But its not the money so much as the principle of it. The accident was barely a ding, the man was fine. Then he goes to the hospital and now he's suing. It may not come out of strings pocket, but dangit! That man wasn't hurt! Its dishonest.
     
  22. superstring01 Moderator

    Messages:
    12,110
    I think he went home and talked to his kids and they were all like, "Dad!!! You need to go to the hospital and get a lawyer..."

    Lame.

    ~String
     
  23. superstring01 Moderator

    Messages:
    12,110
    I knew he was suing, I just thought it was for his medical bills.

    ~String
     

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