So. Long story short. I rear ended another person two years ago. I won't get into the details of the accident because frankly, I don't want this thread to turn into an arguement about who was at fault and who's stupid and who's not. In my opinion, I wasn't at fault, but due to some law that says the person who rear ended the other is ALWAYS at fault...I am at fault. In any case, I hit the guy going very slowly. Infact I had already stopped and then begun to move forward again just before hitting him.
For two years, all I heard from my insurance company is that they had paid out $700 for a new bumper. (Ok, fair enough, I hit his bumper). Now today. Just shortly after the two year mark (when accident files are supposed to close), I get served papers that I am being sued for $100,000 plus , plus, plus, plus, plus. In my opinion, ridicuous. But, then again, who am I to say what injuries this person sustained from a tap at 5 km/hour. I'm not a doctor.
In any case, before this turns into a rant about how I hate people and our society in general, has anyone had experience with this? I have read in other threads that everyone's advice is to go to your insurance company. Well mine knows about the accident and when I spoke to them a few days ago, they were fairly certain that the other person was going to sue me. So they are expecting it. Obviously I need to contact them to tell them I have been officially served papers (which I have) but what happens next?
Am I expected in court? Are most of these things settled out of court for a agreed upon sum of money? Was I even supposed to get the papers brought to me (I thought they should have gone to the insurance company). If it does go to court, what are the chances that this guy will get nothing or significantly less than the money he is asking for?
Also...I've been paying increased premiums since the accident, will be insurance go up even more if there is a big payout? (it was my first and only accident/ticket/anything, but my company doesn't girve freebies to drivers over 25)
In summary, I'm hoping someone knows what in the world happens next!
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I was sued for around $100K after a rear end accident. If its any consolation it was witnessed by a cop, and the cop told me he likely would have done the same thing but he still had to write a ticket.
Anyways, the insurance company took a couple of depositions from me, and from the driver of the car I hit. (It was the guy 2 cars in front of me who was suing.) That was the last I heard of it.
Yeah there was a cop at my accident as well. But not because of the accident. It was becuase the other person would not give me their insurance or registration details or anything and took my insurance/registration and locked himself in his car with it. In hind sight, I shouldn't have given it to him and should have called the police right away, but I'd never been in an accident before and there was no damage soo I didn't really know what to so. The other person also kept accusing me of having stolen my car. It was a rather ridiculous process. That being said...does anyone know how much strength a police report has in court?
Your insurer will cover all of this. All you have to do is let them know that you were served a statement of claim and they will defend the action.
It does suck, but as you expect the insurers take these claims seriously and do fight them. Also, the dollar values contained in the statement of claim are far from accurate. It is more than unlikely that the insurer would pay the full amount there to say the least!
Your insurer will cover all of this. All you have to do is let them know that you were served a statement of claim and they will defend the action.
It does suck, but as you expect the insurers take these claims seriously and do fight them. Also, the dollar values contained in the statement of claim are far from accurate. It is more than unlikely that the insurer would pay the full amount there to say the least!
That's kind of nice to hear. I suppose I am fairly naive when it comes to all of this stuff. But it just kind of infuriates me. I really kind of hope it goes to court. Becuase I'd love to fight it.
^^^ You likely won't do any fighting though, you won't even see the courtroom, it will be the insurance company that does all the defending.
Plus, like you say, because of the statute of limitations they can't sue you if it has been over 2 years so I'd imagine this will get tossed out anyways.
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Reading the thread title, I simply assumed that Jpold and Jroc came out of the closet and have a love baby together.
A family member was sued for a Quater Mil a couple of years ago due to a traffic accident. When he got his papers, he called his insurace agency to see what he should do. The insurance agency said one thing to him.
"There's a reason you pay for insurance. We'll take care of it."
My sister rear ended some hag at a 4-way going about 1.5km/hr. She sued for 20k, and the insurance company promptly paid it out, citing it wasn't worth the legal costs to fight it.
People like that make me wish hitting women was okay.
I think a cap might be in place. If the person sustained no objectively documented injuries (ie something that can be easly seen on x-rays, CAT scans or MRI).
Another interesting note, when you eliminate lawyers from a society the number of people with 'whiplash' drops about 90%.
I've never been sued. but I sued some ###### just today who rear-ended me while I was texting on my phone. i hurt my wrist because my phone and hand hit the steering wheel. i bonked my head and neck into my hand because I was looking at my phone and now it hurts to text. So I'm suing that ass for 100K
He hit me going pretty slowly, but I was a little sore after - and it wasted about 30 minutes of my life... so I say screw him.
I had a little fun with him earlier though, accusing him of stealing the car, and not giving him my info.. haha little punk!
My insurance company and I waited just under 2 years, just to mess with him.
I was served papers from a guy that was trying to sue me (the driver), and my dad (the owner of the vehicle) about 10 years ago. The guy trying to sue us is the pedestrian Ihit while I was driving my car. (I slammed on my brakes, and probobly hit the guy at about 10km/h - he hit the hood fairly hard, but the guy was sitting up when I got out of the car.) However, I don't think he had a case, because the police report, and every witness claimed it was his fault. I'm not sure even why he wasted his effort filing the papers. I think they were filed just before the two year deadline too. Probobly just covering his ass if any pain occured in the future.
I was summoned into court when the crown tried to prosecute the guy, but neither me, nor any of the other witnesses could remember what the guy looked like, and so we couldn't identify him, so, the guy couldn't be found guilty. The trial was probobly 8 months to a year after the accident, and I probobly only was the guy for less than a minute, how was I supposed to remember what he looked like.
Shouldn't the fact the he was there for the trial be enough evidence that it was him in the accident?
Anyway, we never heard anything more from anyone about that.
Yeah, if you were insured no worries. Insurance companies are professionals at the litigation game. The way it works is that they sue for 100k in hopes that the Insurance company will move from a 10k settlement to a 25k settlement.
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^^^ You likely won't do any fighting though, you won't even see the courtroom, it will be the insurance company that does all the defending.
Plus, like you say, because of the statute of limitations they can't sue you if it has been over 2 years so I'd imagine this will get tossed out anyways.
Unfortunately I looked at the date of filing and it was put into the courts 5 days before the two year period. So it still stands. Somehow I kind of wish it would go to court and I could go witness or whatever....Or at least be there to see what is going to happen. Maybe I should stake out in front of this guys house and see if they are actually injured...haha. I don't have that much time..
I'm currently in a similar situation, except mine was from FIVE years ago. Yah, that's right. I guess they filed within the 2 years, but didn't go through the "systems" until recently. Anyways, it's all between my insurance company's lawyers and their lawyers.
Long story short, I rear ended the lady during rush hour when she braked suddenly. I did no damage to her car, but she's claiming back and neck problems. Now, I fully admit I was at fault due to my negligence, so if she actually is hurt from the accident, then for sure she should be paid. What I, as well as my insurance company have a problem with is whether or not all her problems stemmed from that accident, as the accident was minor, yet her medical listing is like 10 pages long, and has at least 20 different doctors, chiropractors, physio therapists, massage therapists, etc.
I was actually just in what my lawyer called a "discovery" with the other party's lawyer a couple weeks ago. Basically their lawyer asked me a bunch of questions regarding the accident, and in turn my lawyer asked the other party questions. I don't know what happens next, but regardless, my insurance company covers whatever is eventually paid out, since it's most definitely below the 1 million max I'm covered for.
Anyways, I find out why my insurance company is skeptical about paying out the sum of money to the lady. Turns out she's been in a few accidents before, and has had complications from those. So they're trying to determine how much she was actually hurt from my accident.
As to my insurance premiums, I've already paid the increased premium, and my record clears next year. So regardless what happens, it doesn't affect my insurance rate anymore.
I think a lot of people know that they're not going to screw over the person (other than higher rates). They know that the money will be coming from the deep pockets of insurance companies. I'm sure that's how they justify it.
been sued as well, just served papers and that was about it. Heard though that the insurance company hired a P.I. to do some snooping because everything was pretty sketchy when it came down to it
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I was actually just in what my lawyer called a "discovery" with the other party's lawyer a couple weeks ago. Basically their lawyer asked me a bunch of questions regarding the accident, and in turn my lawyer asked the other party questions.
In the US of A, they call it a deposition. This is, I hope, an example of an atypical deposition. Language NSFW.
Unfortunately I looked at the date of filing and it was put into the courts 5 days before the two year period. So it still stands. Somehow I kind of wish it would go to court and I could go witness or whatever....Or at least be there to see what is going to happen. Maybe I should stake out in front of this guys house and see if they are actually injured...haha. I don't have that much time..
You should go Magnum PI. I'll be Rick. Anyone here a black chopper pilot?
Fotze can be Higgens.
Sounds like your insurance company will have no problem proving this guy is nuts.
So whos been Sued?
