Being sued, need some advice
Posted 10 February 2006 - 07:29 PM
Now before I went to put my car in reverse, it was clear, I did have a huge Chevy Astro van blocking my view of any car that would come zipping down the court. I noticed it was clear, check to make sure my car was in reverse, let my foot off the brake and as I was looking back, there he was. As I stated above my brother noticed he was close to the other parked vehicles and was operating a cell phone. After the accident occured I got out of my car with my insurance information while he stayed in his vehicle to finish his cell phone conversation. The police were called out but the officers said that there was really nothing to report, no skid marks and no real major damage and that the accident was clearly an accident.
So I reported the accident to my insurance company and they state to me that the guy is claiming injury from being hit at less then 5mph ( my car didn't even move a foot out of my parking space). The next day my insurance company takes pictures of my bumper to write up a claim for my repair, I should note that the only damage done to the cars was a slight dent on his car and the paint smeared on both cars. My insurance company questions me on my bumper being out of line, I told them that was from a previous accident from a parking lot that was a hit and run kind of thing and had nothing to do with this accident.
A couple months later I get a letter from my insurance company saying that they would not hold me responsible for the accident and my insurance rate would not increase.
Now fast forward to last tuesday night. I come home from a long day of school, and work to see I've been summoned to appear in court and I'm being sued for $10k. Now I was reading through the report and he's claiming neck and back pain and that he was thrown forward and back after the colission (which is wierd because he's breaking the laws of physics, he should of been thrown left and right). The report also stated he was given a perscription that was never filled and was involved in another accident in 2003. Also, for as miner as this accident was he sure is claiming a lot and from the doctors notes my mom is calling BS on a lot of that.
So today, my insurance company tells me to drop off the paper work and they will look over it (I will be making a copy of it first). Now I was thinking about counter sueing him for driving fast in a residental area and not having complete control of his vehicle but I don't want to be that guy thats a dick about it. The way I see it we were both at fault.
So should I let my insurance company handle it or get an opinion from a lawyer. Other then this accident my driving record is clean, no tickets, no parking violations, no nothing. I know if I rear-ended this guy he could sue me and I know I would be at fault but this is rediculious. I just don't want my insurance company to raise my rate to something completely rediculious when there was no real damage.
Posted 10 February 2006 - 07:40 PM
Posted 10 February 2006 - 07:42 PM
Posted 10 February 2006 - 07:43 PM
Posted 10 February 2006 - 07:44 PM
Posted 10 February 2006 - 07:46 PM
Posted 10 February 2006 - 07:50 PM
Your insurance agent has a record of your claim, his claim and what they've paid. Let them handle this. If you have a full service company like All State, Nationwide or Erie Insurance they will eat a sheister lawyer for breakfast and have you home in time for The Price Is Right.
Do not get involved, let your insurance company handle it.
Posted 10 February 2006 - 07:51 PM
Posted 10 February 2006 - 07:58 PM
He hired some TV attorney and is looking for a non-existent pay day.
Posted 10 February 2006 - 08:07 PM
I thought that in MD if you were backing up you were pretty much automatically found to be at fault even if the other driver was driving like a douche. (I actually try to pull through or back into spots to avoid this sort of crap.)
Oh, and your mom is 100% correct. His claims are absolutely BS.
Posted 10 February 2006 - 08:11 PM
Seems to me that there could be a statue of limitations possibility here.
EDIT: NM, I saw that it's Maryland. You have a 3 year statute. That's not going to work.
Posted 10 February 2006 - 09:16 PM
If you have a full service company like All State, Nationwide or Erie Insurance they will eat a sheister lawyer for breakfast and have you home in time for The Price Is Right.
Posted 10 February 2006 - 09:57 PM
Posted 10 February 2006 - 10:08 PM
in then end isn't it the insurance company who would have to pay the lawsuit
I think it is, I think they would at least have to provide legal coverage and also pay the amount up to your coverage(?). I think OP said it the best. "He was thrown foward and backward which breaks the laws of physics" Make sure you mention that. I'm not a lawyer but sometihng like that screams to me he is a liar trying to get money.
Posted 10 February 2006 - 10:28 PM
Posted 12 February 2006 - 10:19 AM
Posted 12 February 2006 - 05:32 PM
Posted 12 February 2006 - 05:59 PM
DON'T TALK ABOUT ANYTHING TO ANYONE OTHER THAN YOUR LAWYER.
Let me repeat.
DON'T TALK ABOUT ANYTHING TO ANYONE OTHER THAN YOUR LAWYER.
Don't post it here.
Don't tell anyone other than your insurer's lawyers.
The other insurance company/lawyer will call you. Don't talk to them either, have them contact your insurer's lawyers.
Tell your family not to talk to anyone else either.
They will attempt to discredit you by any means necessary.
Some lady rammed me as I went through an 4 way stop, she didn't stop at all. Police report clearly pointing out it was her fault. Her insurance company called me night and day for a week trying to get a statement, especially one that would have contradicted the one that I gave my insurers or the one on the police report as any contradiction could be a way to negate the police report or any previous statements and give them a win. I finally had to flat out tell them that contacting me again would be viewed as harassment and that they should only contact my insurers. The phonecalls stopped. They paid up.
Posted 12 February 2006 - 06:08 PM
Posted 13 February 2006 - 12:42 AM
Her insurance company called me night and day for a week trying to get a statement, especially one that would have contradicted the one that I gave my insurers or the one on the police report as any contradiction could be a way to negate the police report or any previous statements and give them a win. I finally had to flat out tell them that contacting me again would be viewed as harassment and that they should only contact my insurers. The phonecalls stopped. They paid up.
I'll have to keep this in mind in case I ever get into a accident. I didn't realize some companies would do this type of thing.
Posted 13 February 2006 - 01:20 AM