So I'm being sued..

[burnin_vernon]

by some ######bag who hit ME from behind while at a stopped light 2 years ago. (well, he was hit from behind, then consequently hit me) The list of claims against me are so preposterous, it's as though they sent the papers to the wrong guy. (failing to keep a lookout? driving at a rate of excessive speed?)

Apparently I have to fill out two forms (Appearance and Defense) for the Vancouver Registry. What I need to know is if I have to deliver these in person, or if I can just fax or mail them? It's about 90 min away to the courthouse so it's quite the inconvenience for me to drive. I found the forms online and would obviously rather fax them.

This burns me up. If I have to miss any work on top of the drive, gas money, and likely documentation fees, I will give him no quarter in court. I would never lie, but I'll make sure to stress he was perfectly fine at the scene. Hopefully he'll have friends there so I can let everyone know how he cried like a baby bird to his momma after the collision.

[wpgflamesfan]

how can he sue you if he rear ended you?

[burnin_vernon]

Originally Posted by wpgflamesfan

how can he sue you if he rear ended you?

Crazy isn't it? I had to read the claim 3 times to believe it

[wpgflamesfan]

Originally Posted by burnin_vernon

Crazy isn't it? I had to read the claim 3 times to believe it

haha what is this tool claiming you did to him?

[MoneyGuy]

Wow, maybe he's sueing because the front of his car got damaged because the rear of your car was there when his car tried to occupy that space. That would be like me punching you in the face with my fist and then I sue you because I broke my hand. Stupid.

[Resolute 14]

Sounds like a good idea to talk to a lawyer about a counter suit. Make him pay for your expenses because of his ######baggery.

[OILFAN #81]

You have nothing to worry about in terms of being sued. ######bag can't sue you if he was the one who made contact with you by hitting you from behind. He complained about driving at excessive speeds??? You have nothing to worry about but hypothetically if you were driving too fast, wouldn't he have been driving at excessive speeds as well since he was so close and hit you. Regardless it doesn't matter since he was behind you and following too closely and hit you. What a ######.

In terms of your actual question, I think you are allowed to mail them in.

[RougeUnderoos]

I am not a lawyer, but my legal advice is that you don't trust our advice on this here internet forum.

[Dan02]

Originally Posted by Resolute 14

Sounds like a good idea to talk to a lawyer about a counter suit. Make him pay for your expenses because of his ######baggery.

Indeed, your neck just started hurting right burnin_vernon?

[BuzzardsWife]

same thing happened to me last year! a 19 year old girl on her cell phone slams into me while im stopped in a parking lot letting someone out of their stall..and she says I BACKED INTO HER!!! so I have to pay 50% of the insurance

[burnin_vernon]

My "Particulars of negligence":
a - Failing to keep a proper or any lookout
b - driving the vehicle at excessive speed
c -driving the vehicle without any or defective brakes, or failing to apply brakes
d -failing to keep vehicle under control
e -failing to take reasonable precaution to avoid collision
f -failing to stop, slow down, turn or in any other to manage to control the vehicle to avoid collision
g - failing to ensure the vehicle was mechanically sound
h- driving without due care
a- stopping or suddenly decreasing my speed without giving appropriate signal.

I was stopped at a freakin light! The only one of these that could remotely apply to me is the 'no appropriate signal' thing, but my brake lights worked.

He is claiming neck, back, and shoulder injuried along with headaches, fatigue and insomnia.

Man, just typing this makes me want to strangle him and/or his lawyer. Can i counter-claim for putting up with bull-crappery?

[NSFL]

Reading that, it sounds like he sent the papers to the wrong guy. If he hit you from behind, none of that should apply to you.

[wpgflamesfan]

Originally Posted by burnin_vernon

My "Particulars of negligence":
a - Failing to keep a proper or any lookout
b - driving the vehicle at excessive speed
c -driving the vehicle without any or defective brakes, or failing to apply brakes
d -failing to keep vehicle under control
e -failing to take reasonable precaution to avoid collision
f -failing to stop, slow down, turn or in any other to manage to control the vehicle to avoid collision
g - failing to ensure the vehicle was mechanically sound
h- driving without due care
a- stopping or suddenly decreasing my speed without giving appropriate signal.

I was stopped at a freakin light! The only one of these that could remotely apply to me is the 'no appropriate signal' thing, but my brake lights worked.

He is claiming neck, back, and shoulder injuried along with headaches, fatigue and insomnia.

Man, just typing this makes me want to strangle him and/or his lawyer. Can i counter-claim for putting up with bull-crappery?

since when is it illegal to stop suddenly?

[STeeLy]

Originally Posted by wpgflamesfan

since when is it illegal to stop suddenly?

If you just suddenly slam on your breaks, you're being a danger to other drivers and they can actually sue (At least thats what I've heard)... but it was a damn red light... he should be suing the guy BEHIND him...

[flylock shox]

I'm going to take a guess and say you're just one of the parties this feller is claiming against. In all likelihood, the thrust of the claim is against the guy who rear ended him, and you're named as a party to the lawsuit due to the fact you were involved in the crash. Basically, I think that naming you as a defendant in the suit stems only from the fact you were involved in the accident, rather than any actual fault on your part.

I would have thought this would be handled by your insurance company though.

With respect to the forms, typically you should file original copies with the court. This does not mean, however, that you have to deliver them in person. It might be prudent to send them by courier though - so you can confirm they were received. I would call the registry in question and ask.

[V]

If you haven't contacted a lawyer yet, you really should. Rouge is right, this is the last place you should be asking this question.

[gottabekd]

Originally Posted by flylock shox

I would have thought this would be handled by your insurance company though.

Yea, first thing I'd do is talk to my insurance agent. I think this might be one of those things where they come in handy, and take care of it all for you.

[foofighter15]

honestly, I would contact him and ask him if he realizes he sent them to you and not the guy that hit him. none of that makes sense

[Kjesse]

Originally Posted by RougeUnderoos

I am not a lawyer, but my legal advice is that you don't trust our advice on this here internet forum.

So true, but at least most of the posters at CP are well intentioned.

Sounds like you aren't liable. But don't waste time or money phoning a lawyer, and don't fret over procedure, just phone your insurance company, they'll take care of it for you.

Given your facts, your premiums won't increase from this.

Edit: Didn't read everything before my first post, now I got that you're from BC, so you have government insurance. Still, tell them. Your premiums will not increase.

As for your filing question.... depends if you're in BC Supreme Court or their equivalent of small claims. If its a small claim, their form should have contact info for the court clerks and they'll tell what you need to know about filing procedure. If its in BCSC, just give a call to the lawyer who's name is on the backer (with phone number listed) and let him/her know you need time to get it taken care of, while ICBC takes care of the rest.

If for some reason you weren't insured... well then you have a real problem on your hands, even if you didn't do anything wrong.

Most importantly, phone your insurer promptly and put the ball in their court.

[Jayems]

Whats the statute of limitations on that? Isn't car accidents like 6 months or something? Maybe that's just reporting it... not suing...