[DakFink]

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!

Do you have a police report stating the accident either was not your fault or was the other persons fault? If so It's a closed case already. Also if the other person got a Citation for their neglect in the accident. Closed case.

Now if the Insurance Company is saying it's not your fault and all you have is a report that states what happened and not put anyone at fault. It could be a 50-50 shot. BUT an Insurance company isn't going to put that much effort into it if they think they will loose. Be cheaper to just Pay-up and Shut-up.

Don't stress it, just make damn sure to keep those that need to know informed.

 

[NWRT360]

Yeah these fkrs do this sometimes hoping your insurance company will just decide to settle instead of fighting it in court. Me and my dad were rear ended on I-5 back in 1987. The rd was solid ice and this iroc trys to stop for a accident ahead of us while he was doing 60+ (no bueno) They later sued us and the tanker truck that was in the accident ahead of us. Our fricken insurance settled with them for 25K. We were pissed but thats their perogative (just raise our rates afterwards) Didn't cost us anything on the suit though.

 

[wrc1045]

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





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 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

I have seen many in the wrong lose in court. It's how the game is played! I have seen many being sued for in the wrong and did nothing wrong. They countersued and lost even more money due to the countersuit they tried to pursue. On another note don't assume your right because reguardless what you think there are TWO stories here. The story we are hearing in only par tof the story. I have seen corupt judges, attorneys and law enforment make the law look how they want. If you think you have already won this suit, think again.

 

[Doom4life]

Will definatly agree with you there wrc1045. However, my adjustor did tell me what part of his statement was. Again, because I don't want anything to be used against me I won't go into details. But he basically said I was driving like and idiot.

I asked for more information about yesterdays court proceedings. He was suing the insurance company for other reasons including the accident, but the judge said that he can't do anything about the accident unless he names me as a defendant, which he did.

Since I've never gotten sued before, how public is the information when you sue someone? Would he know where my address and/or contact information? As I'd be a bit concerned he might try something if he loses (based on the night of the accident and what he is currently doing now)

EDIT: The suing part was a joke. I wouldn't do anything outside of the accident that might put the ball in his court. FWIW, I consulted with a different lawyer, and was told that there should be no problems having my insurance company representing me. However, I was told that if I feel that is ever changing (ie insurance lawyers arent working for me), to call back for legal advice.

 

[Grapejuice1998]

Unfortunately, insurance companies rarely go to court. They often settle, even if it isn't the right thing to do. The reason is; it's way cheaper to negotiate a settlement, than it is to go to court. Even if they do go to court, they often settle as the jury is seated.

Check this out:
My wife was driving my old work truck and had to make a U turn. It has a terrible turning radius, so even though the street was 3 lanes wide, she had to stop, back up and then complete the turn. About 200 yds South of her U turn attempt, there was an intersection that had turned green for cars to turn onto the road she was on. They all saw her and slowed down to let her finish the turn. Keep in mind, the road was 100% clear when she initiated the turn. Anyway, in the line of cars coming her way, one didn't stop and rear ended another person in the crowd. Nobody hit my wifes truck. She didn't even know anything had happened. She completed her U turn and headed back to the store. A couple guys followed her and told her she better go back and that she had caused an accident. She went back like a dope and not only that, she helped translate information between the adults, who were Vietnamese and Mexican, respectively.

We got sued and had to give a sworn deposition that she wasn't at fault and had no knowledge of an accident. The insurance company settled for $5,500 with the rear enders (Mexican) and $27,500 for the rear endees (Viets).

We dropped them and got another insurance company, but we found out that's pretty much S.O.P. for them. They'd rather just pay, than do the right thing by you.

 

[greasemonkey]

Unfortunately, insurance companies rarely go to court. They often settle, even if it isn't the right thing to do. The reason is; it's way cheaper to negotiate a settlement, than it is to go to court. Even if they do go to court, they often settle as the jury is seated.

Yep, that'll likely be the outcome. There's some good advice on this thread. Don't sweat it, they're likely just suing to get an out-of-court settlement. Don't talk to ANYONE other than your insurance company/lawyer they hire. You'll likely go through a deposition where you will sit down with lawyers from both sides and a court recorder, your attorney will meet with you before this and go over everything with you and will sit with you through the deposition.

"I" got sued after a lady was 100% at fault for pulling out in front of me from her stop sign while I was going through a through intersection, my S10 pickup broadsided her C1500 at about 65mph, jacked me the hell up to say the least. But my insurance company settled with her out of court for something like $25k; I got a whopping $7k to put in the bank and pay my health insurance deductibles over the next 3 years of surgeries and treatments. And not a damn dime for being out of the loop at work for 2 years other than State Disability.

You'll be okay, don't panic!

 

[hskrRT]

I was sued after my first accident which was my fault. The people I hit wanted more money than my coverage allowed through the insurance claim, but since my insurance company was also named in the suit, they used thier lawyers to handle everything. Honestly, I have no clue what the outcome of the trial was. It did go to trial, but I had to leave on deployment a week before the trial date, and when I got back from deployment, the contact phone number I had for the lawyer had been disconnected or changed. There is nothing on my record about it that I have ever seen.I kind of wish I knew what the result was, but I didn't have to pay anything and there's no mark on my record, so I'm not too worried about it. That was 14 years ago.

 

[9t9-5.2]

With you being in Canada, your experience could be different than those of us in the States.
I was sued once, sounds similar to hskRT's experience.
I have sued several for auto accidents, seems no one wants to carry insurance. It can get quite comical listening to the fools try and lie there way out of paying.

 

[Doom4life]

So I am doing some research on my own since I probably wont hear from the lawyer for a couple of weeks (unless I get served before then).

When dealing with our insurance company, there are two options if you disagree with the ruling. You can either file an internal review which will cause the claim to be looked at again or go through small claims court.

It appears by going through the small claims route, you are not required to have a lawyer with you, so perhaps that is why the person sueing me is going this route.

I'm going to see if I can get the court documents through the Freedom of Information Act. However, if it entails anyone related to the court ruling the other day knowing I am doing that, I think I'll hold off until I talk to a lawyer.

 

[9t9-5.2]

So I am doing some research on my own since I probably wont hear from the lawyer for a couple of weeks (unless I get served before then).

When dealing with our insurance company, there are two options if you disagree with the ruling. You can either file an internal review which will cause the claim to be looked at again or go through small claims court.

It appears by going through the small claims route, you are not required to have a lawyer with you, so perhaps that is why the person sueing me is going this route.

I'm going to see if I can get the court documents through the Freedom of Information Act. However, if it entails anyone related to the court ruling the other day knowing I am doing that, I think I'll hold off until I talk to a lawyer.

Unless you are served, you are not being sued. He is likely suing the insuranceco. at this time.

 

[SEG388]

Yea, I wouldn't worry much. You weren't proven at fault. Just take the advice here and you'll be fine.

 

[MoPar Maniac]

But he basically said I was driving like and idiot.

snip

That means he observed your driving and therefore he could avoided the collision. If an accident is determined to be avoidable, the person who could have avoided the collision and failed to do so is liable.
Case closed, you win.

 

[Tom3924a]

In PA we have a option thats called Full Tort or Limited tort. Basically if you you elect the limited Tort option you will save a considerable amount in insurance premiums, but give up any right to sue. Does Canada have anything like this?

The reason I ask is because if he paid the higher premuims and elected not to put comprhensive on his own vehicle, its sounds like he was going to sue the next person he got tangled with not matter who it was, which unfortunatly was you. the money you save by electing Limited tort can pay for comp on your own vehicle. This nutjob might sue happy... :huh: check and see if he had any others cases.

 

[Doom4life]

Just wanted to give an update. I finally got a chance to look at the statement that the other driver gave in his court documentation and it appears that the other driver was found in breach of his insurance and has to pay for damages to both vehicles.

As to why I am involved in this, I still don't know. Yes we were both involved in an accident, but IMO this should be between the other driver and the insurance company, not the other driver and me. I've done google searches ont his topic, and have found a buch of lawsuits between drivers and their insurance companies on the same topic, but I guess the judge that heard the other driver felt differently....

Makes no sense how this can even be an accepted lawsuit by the courts. Why don't I go drink myself till I'm smahsed out of my mind, hit someone and sue them when I am found in breach of my insurance for driving DUI.

I know its a bad lawsuit and also a bad example, but what the FUCK... :cussing:

 

[Doom4life]

[Rant]
Gotta do some more venting....

I think what really makes me upset the most, is that its the other driver's word against myself and two witnesses. So when this goes to court, all three of us are going to have to book time off work (lost money there) and drive an hour to the court where he filed the papers and also where it will be held at. So between the three of us, we will probably lose out on almost $800 worth of wages for the day plus the hassle of going to court for a case that will probably be lost by the other driver.
[/Rant]

 

[wrc1045]

yeh I know people who have been sued because they have insurance. the guy that was DUI with no insurance wins the lawsuit. Believe it or not it happens all the time.

I know a person who was hit by a DUI with no OL and no insurance. He didn't have any money. The state sued the guy that had insurance and won for a guardrail. Also the guy that was hit had 100/300 uninsured motorist and still had to repay millions in his own medical and property damage. he is still paying and still is messed up to this day. Crazy world if you ask me

 

[hskrRT]

Are you a defendant, or a witness? If he was found in breech of his insurance, he may be suing the insurance company, not you, and you are being called as a witness because you were involved in the accident that caused him to lose his insurance.

 

[Doom4life]

I really wish I could post part of the statement he filed. But it would be silly with a future court date.

But I can tell you that for the first couple of sentences, the other driver talks about the accident, and for the next 10-15 lines its all explaining why he shouldn't be in breach of his insurance.

Which is why I don't understand the reason I am involved. This issue should be between the other driver and the insurance company for coverage.

 

[Doom4life]

Are you a defendant, or a witness? If he was found in breech of his insurance, he may be suing the insurance company, not you, and you are being called as a witness because you were involved in the accident that caused him to lose his insurance.

Nope, he is suing me. I am not sure if I mentioned it previously, but the other driver took the insurance company to court and the judge ruled that the issue is between the other driver and me. Yet based on the statement given, it seems that the other driver is trying to argue that the breach of insurance was a mistake on the insurance company's fault and because of that the other driver must pay for damages for both vehicles out of pocket.

 

[hskrRT]

Well, if the Judge threw out his "breech of insurance" case, chances are the same will happen with yours. Now whether he coughs up the dough for the repairs is a different story.