| JoeBlow |
I just need a place to vent and bItch what some ppl are willing to do.
I was in a car accident like 2 years ago, my fault i rear ended someone. There was me my cousin and his friend in the car, i would say of all of us my cousin was hurt the most as he was in the back seat and his shins were ramed into the back of the seat and he had a nice dent in his shins for a while. His friend who didn't seem like he was hurt, went to the cyropractor (sp?) for like 6 months. Now 2 years later he is take my insurance company to court trying to get a settlement, and apparently as part of the suit, I have been accused of drunk driving, driveing a car that was not road worthy, and driving with excess speed or somthing. At the time I was under 18, and also never had anything to drink at all, the car I was driving passed insurance inspection 2-3 months earlier, i was drinving the speed limit.
I am sure that it will go to court beucase my insurance company won't settle.
I can't believe someone could accuse someone of that when they know that it wasn't true, especially when it is a friend of the family. :mad:
btw.. wouldnt' accusing me of driving under the influence when i wasn't defamation of character or something? |
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| Orzel |
| Id give it a go for Defamation of Character |
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| HEWSINATOR |
All this is is the insurance company throwing everything out there and hoping that one sticks. And yes it is complete BS, but when there is a personal injury Lawyer who will take the case at no cost unless yoiu win, lots of people jump at teh opportunity to get rich. A car accident, getting your car stolen, etc... is not winning the lottery, and it takes one with high moral standing to realize this. I was in a car accident, rear ended. My back was a little sore for a few days, and my CD player was broken in my car after being knocked out of the dash from the impact. I was given 500 bucks for my injury and to get a new deck, all while my friends were telling me to say my back was hooped.
My car was stolen and I told what was in it. There was no laptop etc..., but for most people, when there vehicle is stolen, all of a sudden they lived in thier car.
That is me venting.
And if anybody agrees they really need to think that if they really will turn down an easy 10-50 grand out of principle. I hope lots do, because if you ever are trying to be honest and not believed or at the defendants table for BS you will realize how much of a dick some people are. |
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| charlieboi |
| wouldnt ur cousin back your word on it that you were sober and driving the speed limit? |
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| TrevorK |
quote:
Originally posted by charlieboi
wouldnt ur cousin back your word on it that you were sober and driving the speed limit?
Of course it would.
But it'll still go to court, since obviously a lawyer somewhere thinks he can win this case.
If he's truly gone to the chiropracter for 6 months though after the accident, you can bet your ass he'll get something for personal injury.
Either way - it's of no consequence to you since the insurance company will make the payout (And they'll be the ones who decide whether to settle out of court). |
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| 86lx |
| As Trevor said it probably won't be of any more of a consequnce to you. You are already getting dinged for the accident on you insurance. The only time it will be of importance to you, is if you are carrying the minumum ($200000) liability and the insurance company knows the bills and settlement are going to exceed that amount. Once the total settlement passes their obligation, they don't give a rat's ass and stop fighting. |
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| JoeBlow |
quote:
Originally posted by TrevorK
Either way - it's of no consequence to you since the insurance company will make the payout (And they'll be the ones who decide whether to settle out of court).
Oh i know it has no effect on me but it just pisses me off that he is willing to make that stuff up (or agree to the idea) when he knows for a fact that it never happened, especially the drunk driving part. For me to try and get money from an insurance company or even sue anyone it would have to be for a good reason and would never dream of doing any of that. The only reason I would want to go for defamation of character is to prove to him how much trouble he can get in for it, but it sounds like it is a common thing to happend so I guess that wouldn't work.
Oh and i am pretty sure that he won't get anything out of it beucase he is asking for too much and my insurance company is sideing with me so will fight it as much as they can |
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| TrevorK |
quote:
Originally posted by JoeBlow
Oh i know it has no effect on me but it just pisses me off that he is willing to make that stuff up (or agree to the idea) when he knows for a fact that it never happened, especially the drunk driving part. For me to try and get money from an insurance company or even sue anyone it would have to be for a good reason and would never dream of doing any of that. The only reason I would want to go for defamation of character is to prove to him how much trouble he can get in for it, but it sounds like it is a common thing to happend so I guess that wouldn't work.
Oh and i am pretty sure that he won't get anything out of it beucase he is asking for too much and my insurance company is sideing with me so will fight it as much as they can
If he asks for 100K, and accuses you of 3 things (Drunking driving, unsafe vehicle, speeding) and the judge finds that yes you were speeding, and yes the vehicle wasn't road worthy do you think he'll still get a huge settlement? You bet your ass.
Which is why they aim high, and throw multiple charges. At least one will most likely stick. |
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| SilverNeonRacer |
K they changed the laws.. he can only sue within 2 years of the accident(always has been the case).
As far as the what he's sueing you for crap.. ya the lawyer pulls it outta his ass so to speak, they sue for every possible thing they can because if they loose they cannot re-file for the same accident different reasons. I was involved in an accident way back in 99, they said i had faulty brakes, drunk blah blah blah... Well I had recepts to show I had new brakes/tires/exhaust/clutch put on 1 month before the accident... as far as drunk, since it was injury(Ie ambulance required) cops showed up and i sat next to the cop, and I never got charged with anything. I don't drink.
The judge will probably through most of it out, your insurance will handle it. the only way they'll go to court is if he wants more than the insurance company will pay, now here's the kicker, I don't know how the new laws apply, but he's capped at $4,000 I do believe if it's a minor injury. if he wanted to sue he woulda been better to do it right away and then hope it was resolved before the new laws came into play.
They alway sue the insured motorist, then the insurance company steps in and takes over. then they might have a discovery, in which you, the insurance's lawyer assigned to your case, your friend and his lawyer have a sit down with a mediator, the whole thing is recorded, later transcribed. Then based off the discovery each side gets to learn what the other side knows, if they ask the right questions.
So chances are unless you get told to show up to a discovery.. don't worry too much about it.. just make sure your insurance company knows about the summinse(sp) and go let them handle, if your curious call the insurance company and ask for an update. |
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| HEWSINATOR |
| I wonder if the cases for accidents before the cap are granfathered to not be covered. Would not be suprised if they were, probably are actually. |
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| SilverNeonRacer |
| Well I had an accident last Christmas(2003) and I was advised to settle as if I where to get a lawyer and go the long route it would take til after the new law came into effect and I'd be stuck with the capped amount. |
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| DeathBy240 |
There are a lot of misconceptions in this thread. The REAL reason they have said that you were drunk, your car was in disrepair etc, was because of a stipulation in the court system.
There is a step in the system where both sides meet to see what evidence the other side has, called "Examination for Discovery"
In this time, the lawyers are only allowed to ask questions that have relevence to issues brought up in the statement of claim (the statement your cousins friend filed with thw court).
So if they dont mention drunk driving in the statement of claim, they cannot ask you whether or not you were drunk, and where you were beforehand. Same goes for the state of your car. They have to put that it was in disrepair in the statement of claim if they want to find out the mechanical/repair history. Its just procedure. So if you were actually sober, and your car was in good shape, you will be fine. |
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