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Doom4life

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Discussion starter · #1 ·
I wont go into much specific detail, since this will probably go to trial and I don't want to do or say anything that could potential change the outcome of the ruling.

I was in an accident recently and my insurance company deemed it 100% NOT my fault. Anyways, it seems like there are some issues (ie a history?) with the guy who is suing me as it sounds like he had insurance, but didn't have the kind that would cover repairs if he was in an accident that was deemed his fault. So needless to say, he is suing me to recoup those costs.

Luckily, my insurance company will be covering all costs to represent me, since it wasn't my fault. But I was curious if this has happened to anyone and what the outcome was? I was told not to worry by my claims adjustor, but I've never been sued before so its kind of hard not to freak out a bit!
 
#5 ·
the dude " didn't have the correct coverage" and is now spending money to lawyer up and go against an insurance company?

That's hilarious, if your insurance is backing you, your fine, get something in writting to back yourself up for a worst case OJ simpson scenario.
 
#6 ·
so he didnt have collision or comprehensive, just Liability.. if your insurance told you not to worry then i wouldnt.. i mean they dont want to pay out money to fix his car esp if it was his fault.. your golden
 
#7 ·
I've been in your shoes. Its basically a lapse in insurance so someone has to try to get money somehow. Its nothing to worry about though. You wont have to go to court and sit in front of a judge/jury/etc. Maybe have to give a statement in front of lawyers and such.

Very nerveracking. Especially when the Sheriff showed up to my house to serve me a subpoena.

If anything, ask your insurance co. that if you have to be in front of lawyers if you can have one present yourself.
 
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Discussion starter · #8 ·
Yes, my insurance company is paying for a lawyer to represent me since it was deemed not my fault.

But yeah, I never thought about the fact that he is paying out of his own pocket for a lawyer. I mean, he has no witnesses so I don't know what him or his lawyer are thinking....

But as I said, there seems to be something going on between him and the insurance company because I was told that, "they know of him". So, I'm assuming he is trying to pull a fast one.
 
#9 ·
sitting in front of the jury and telling your part, hell I loved doing that, given my situation was different and involved a lot of money, but it isn't as bad as it seems. It takes away from time at work, that is the only down side. Your golden, go get a steak and cook it.
 
#11 ·
that reminds me of a story

My old MSG told me he rear endend this guy one time.. No damage just a scuff on the bumper
anyway the guy rolls out of his car holding his neck like its broke and screeminn his head off.. My MSG stuck his head out the window and yelled "i dont have insuranace either" the guy jumped up and got into his car and pulled away..

Maybe not that funny on here but to hear him tell it you would be rolling
 
#12 ·
Doom4life said:
It's 100% his fault, but I guess he is sueing me because he doesn't agree with that ruling. Perhaps part of the reason lies with the fact that he had insurance, but didn't have the optional coverage that pays for at-fault accidents.
Click to expand...
why are you worried? thats what you pay insurance for. Tell him to pound sand!
 
#13 ·
do yourself a favor, before giving statements to ANYONE, read the accident report. every time.

lawsuits can be dragged out for years depending on how stubborn the guy is, or how much money he wants to spend. don't let him win on a technicality. say in the report you told police you were traveling at 35 km/h heading east, but then a year goes by, and you say "I think I was going 45 km/h" now they have you contradicting yourself, and they could use that to argue on what really is the truth. "were you lying when you said 35 km/h? where you lying when you said 45 km/h? which time were you lying, and which time were you telling the truth, and why should we believe anything you say now?"

especially if say, the speed limit on the road was 35!

might sound trivial, but that's what they will attack in court to win. thats what our lawyer did when we were suing the neighbors for being at fault for my mom's accident because they were in violation of the leash laws, and let their dogs run free, they got in our trash, then ran out in front of my mom as she pulled into the driveway, but swerved to miss the dogs and hit the culvert pipe--fucked up the truck and her neck.

After swearing up and down that they were not liable because their dogs were inside at the time, that they were ALWAYS inside, and NEVER allowed to run free, the wife tripped up and admitted that she might not have known where the dogs where--and this was outside of the courtroom, at a deposition (a sworn statement given to the lawyers ahead of court dates) after that, their insurance FINALLY settled and paid our medical and truck bills. (we were really suing their insurance company, not them, but in order to "get at" the insurance company, you have to sue the person, not the insurance)

so make sure you don't give them a slip up that costs the case--review any statements you given, police reports, etc. prior to giving another sworn statement that can be used in court, just to jog your memory on things you've already said.
 
#14 ·
One other thing to remember is only talk to your insurance companies lawyer/representative.

I had a similar thing happen to me where somebody hit my explorer. They ran a red light and it was all documented by the cop sitting at the intersection. This idiot tried to sue me saying I was the one who ran the red light. My insurance company stepped up to protect me and I met with my insurance company's lawyer. He told me if they want any info from me, tell them to either contact him or the insurance agent representing the case. Their lawyer tried to get info from me and I just gave him nothing but the contact info for the lawyer and my agent. After a few attempts by the idiots lawyer they stopped calling me.

This persons lawyer may try to contact you, get info, then try to twist it to use against you. Give them no info and tell them to contact your insurance rep who is handling the case. You insurance co will protect you by not letting them twist the story for their gain.
 
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#15 ·
ive been sued like that! only it was both of our faults. they nailed me because i was speeding and the cop stood up for her. even though she admitted not stopping or yielding my right of way. she didnt even look! anyways i lost and my insurance paid for it. the only catch was it was never reported to the credit bearuo so i had a bad debt until i disputed it. long story she was paid the day after she beat me in court!!!! good luck!!!!!!
 
#16 ·
As has been said by a few I would not speak to anyone other than your insurance companies Atty's about this. Any phone calls, letters, or subpoena's you get should be forwarded to them immediately. Since you were not at fault you have nothing to worry about. Saying something to them without your attorney present could end up having it turned and twisted against you...... it's a game some attorney's like to play. Of course you could play the game also and be a dick and counter sue :)
 
Discussion starter · #17 · (Edited)
Thank you for ALL of the suggestions (ie don't talk to anyone other than the laywer, get copies of reports, etc.). I'm currently pretty sick right now (some type of chest cold) and not in the right frame of mind, so these tips are definatly appreciated



jnjinfla said:
Of course you could play the game also and be a dick and counter sue :)
Click to expand...
Haha, I wouldn't mind to as he was a dick when the accident happened (tried to intimidate me by talking loudly and aggressive) and even tried to get me to admit fault (ha!). I tried to calm him down, but telling him that he cut me off didn't help :p Rather than let it escalate, I just told him to file a claim and the insurance company will figute it all out. However, I don't think my insurance company's lawyer will go for that idea (besides, what would I sue for? punitive damages?)

EDIT: Haha, I just realised the punitive damages idea came from a Sol Rosenberg clip (Jerky Boys) I heard a few months ago. I know its old, but I heard them all the clips for the first time this past semester:
http://www.youtube.com/watch?v=_g3aMkIsCyM
 
#19 ·
....For discussion only and not legal nor binding advice....

It is common for someone at fault to want to blame someone, anyone, other than themselves.

If your company has stated you are not at fault and they are representing you, don't worry about it.

If they settle and take a small amount of liability, and your coverage was current and correct, your policy pays that so again don't worry about it.

Make sure IF you have to go to court (my bet is you don't and this goes no where) make sure your company pays you a per diem rate for your time and trouble (about $200 a day.)

$20 this never sees the light of day.

IndyDurango
 
#20 ·
If you're insurance is current, don't sweat it.

If you lose, your insurance pays out

If they lose, be happy..

Being on the recieving end of a lawsuit, and loosing, SUCKS (seperate story)

Make sure you get in contact with your insurance's lawyer. DO NOT LET "Don't worry, we'll take care of it" FLY! Demand copies of all papers, as you're named.
 
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Doom4life
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