Page 1 of 2 12 LastLast
Results 1 to 10 of 13

Thread: Being sued.

  1. #1

    Default Being sued.

    So, someone is trying to sue us for a wreck that I had with them 5 months ago. They're going to attempt to sue for medical bills. The thing is, they were perfectly fine at the wreck site. The woman was yelling and cursing at me. Then her boyfriend/husband/something came up (wasn't in the car with her) (also saying he was in the car when the wreck happened) and yanked open my car door and started yelling at me. Then my mother wanted to talk to him to get what happened from him. After the call, he threw my cell phone at me, so I know that they were just fine at the wreck.

    Also, they're trying to say that he was in the car when it happened, so more money. But as I said, he wasn't anywhere near the wreck site. He didn't show up until /afterwards/.

    Basically, I was just wondering if they had a case or anything. Anything that could help?

  2. #2

    Default

    Sound like you and your mom should consult an attorney. I can't get from your post whether this guy is suing for recovery of his own medical treatment, or his wife's/girlfriend's. Do you know? If she was injured, and he paid the bill, he can sue you. Also, unfortunately, it's often not possible to judge whether a person is ok or not immediately following an accident, hence the rule of thumb that you should never tell somebody you're ok at the accident scene. Whiplash and other injuries can appear some time later. If this guy can produce bills for treatment that correspond to around the time of the accident, it's going to be hard to argue your way out of paying. But again, speak to an attorney!

  3. #3

    Default

    Do you have a copy of the police report? That can be one of the things that can help you.

    But what cottontail said get an attorney

  4. #4

    Default



    Quote Originally Posted by Cottontail View Post
    Sound like you and your mom should consult an attorney. I can't get from your post whether this guy is suing for recovery of his own medical treatment, or his wife's/girlfriend's. Do you know?!
    They're trying to sue for both.
    Last edited by Trevor; 24-Aug-2012 at 02:39. Reason: removing auto-merged duplicate post.

  5. #5

    Default

    Get an attorney to consult the police report, from that it should be easy to determine the cause of the accident. If it was their fault then they'll have no case and if it was your fault then they will, sadly with traffic collisions like this it rarely is no one's fault. Basically you need someone to fight for your case now.

  6. #6

    Default

    Just to add, after a crash there is a lot of adrenaline coursing through your veins. Though they seemed fine, they may have been injured and it wasn't until their bodies stabilized that they could notice. When I got into a motorcycle crash, I was able to get up and walk immediately after. The next day I could barely stand. It's one of the body's truly extraordinary abilities.

    In order to sue you, they must have actual medical bills, otherwise their claim is bunk. The real question is whether their bills are actually caused by the crash. As others have said, consult an attorney to see if they really have a case against you.

  7. #7

    Default



    Quote Originally Posted by pajamakitten View Post
    Get an attorney to consult the police report, from that it should be easy to determine the cause of the accident. If it was their fault then they'll have no case and if it was your fault then they will, sadly with traffic collisions like this it rarely is no one's fault. Basically you need someone to fight for your case now.
    However if when your in court the the guy tries to claim he was in the car and the police report says other wise, he is guilty of perjury and will lose the case automatically. As the police report will carry alot of weight in this case.
    Last edited by Trevor; 24-Aug-2012 at 07:08. Reason: removing auto-merged duplicate post.

  8. #8

    Default

    We don't have enough info to know if they have a case. If they incurred medical costs because of the accident, and the accident was your fault then yes they have the right to sue you for that money. They can technically argue for "emotional damage" which might be some sort of compensation for time missed at work etc because they were emotionally unable to go in.... but if they're using that on a traffic accident I doubt that's going to fly. The thing that sucks here is that you'll need a lawyer to defend you, and that lawyer will cost money. As far as I know, there is no way to cover the cost of the lawyer fees you have to pay as the defendant, even if you win the case.

    I think I've heard that if they flat out lie about large portions of the claim in court, like you can prove that the boyfriend was not in the car when they testified on the stand that he was then you can get the case thrown out as an illegtimate lawsuit, and only then can you get compensation for the fees you paid your lawyer. Obviously your lawyer will know more, however that's entirely up to the people suing you trying to think they can pull a fast one on the legal system. If they do have any legal council it's doubtful that after looking at the police report the lawyer would advise their clients to testify something that could be disproven by admissable evidence.

    Trials suck, they take up tons of time and being anywhere near the legal system is a pain in the ass. I'd start refreshing your memory as much as possible about the incident, maybe have your mom try to recall the phone conversation it sounds like she had with the boyfriend.
    Last edited by LBcub; 24-Aug-2012 at 08:39.

  9. #9

    Default Re: Being sued.

    Another important thing is whether you have insurance. If so, I hope you made a claim and explained everything that happened. Usually they'll ask who was in the car; because chances are they're also suing the insurance company (because they have more money). Insurance companies have fraud units that can investigate claims.

  10. #10

    Default

    Presumably you had insurance, called the insurance company and reported it, called the police and had them fill out a report. This is something your insurance company should be handling, or should already have handled. If someone was ticketed (not clear from your post), presumably you would have been to court by now. If you were ticketed and and didn't show up, or they were ticketed and got off due to you not showing up, that could have complicated things for your insurance company.

    Its possible they've been turned down by the insurance company and are making noise in hopes of extorting money directly from you. Talk to your insurance carrier and find out what's been going on. Its also possible that these people are just clueless and are lashing out in a bunch of directions at once.

    A few years back, I was "doored" while riding my bike. A month or so after the accident, but before the guys court date (its illegal to open a door into traffic...), I got a call and a letter from the guy's insurance company trying to collect for damage to his car. I laughed at them, as did the judge when he said "guilty". Shortly after that, they ante'd up for my ambulance ride and medical expenses. I never did sign their 'release of liability' in case I had other problems show up later. The check still cleared and they never made an issue of it.

    Bear in mind that laws regarding accident liability and auto insurance can vary considerably from one state to the next. I have no knowledge of the law in Kentucky.
    Last edited by Maxx; 24-Aug-2012 at 15:11.

Similar Threads

  1. Almost got sued
    By Calico in forum Mature Topics
    Replies: 34
    Last Post: 15-Dec-2009, 07:50
  2. Apple sued over touchscreen patent infringement
    By ShoogyGlider in forum Computers & Gaming
    Replies: 17
    Last Post: 20-Apr-2009, 17:51
  3. Capcom sued over Resident Evil 5.
    By Boogeyman in forum Computers & Gaming
    Replies: 30
    Last Post: 25-Mar-2009, 03:07
  4. Replies: 48
    Last Post: 02-Sep-2008, 13:15

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
ADISC.org - the Adult Baby / Diaper Lover / Incontinence Support Community.
ADISC.org is designed to be viewed in Firefox, with a resolution of at least 1280 x 1024.