Lawsuits

[darklord]

Alright, this is just a little rant of mine, mainly about this guy trying to file a suit against my insurance company/my family....

It all started around May. Me and 3 of my paintball buddies plan on entering a tournament series one day, I'm driving my (technically my dad's) car. Anyway, we're all in this one car, and we're driving on a major highway in Boston (we live in the 'burbs), on a new bridge. So, about 1/4 mile away from the exit I need to get off to, I put on my blinker to shift into the right hand lane (I'm in the center lane on a 3 lane highway). Then, I check my blindspot so I can be sure I'm clear on my right, then I turn my head back straight and I am interrupted by a sudden "DUDE!!!" from one of my friends, and I see the guy in front of me with his brakes on. So, reacting quickly, I slam on my brakes and my car's nose dips forward, and I hit the guy. At this point we're all in a state of shock, but I notice NO DAMAGE on the guy's rear end. To add to the moment, the guy has a disability, and can't get out of his car. So I just give him my insurance info, and keep telling him I'm sorry about the situation, and I ask for his. He just mumbles "we'll be in touch", and I ask him again later, and he says the same thing. So I get back in my car, explain the situation to the fellas, and we go to the tourney (placed 2nd that night by the way ). Shortly after the accident I go out with my dad to have to car repaired, and the hood is replaced (about 1/2-1 feet of the hood was crushed in a little bit).
Okay, then, about a week ago from today, I come home from work to hear a message on my parents' answering machine from our insurance company saying that this guy and his lawyer are filing a claim. So, I talk to the insurance lady, make a statment, and I learn that the guy and his "passenger" (keep in mind I saw NO passenger in his car, same with all my friends) are filing the claim. I don't know if he's claiming he's hurt or what, but this is BS. I distinctly remember a bag of KFC in his passenger seat. And, even if he DID have someone in the rear under a blanket, you would think that I would've noticed them easily when I walked up to his car, or even if they were sleeping, they would've sat up during the accident.

But yeah that is pretty much my rant... they guy has the nerve to do this MONTHS after the accident (keep in mind I heard NOTHING from him between the accident and the answering message), to a family supporting a son who is just entering college. Why do people think suing is the answer? I really LOATHE this guy right now . Anyone else been in a situation like this?

[-J�ker-]

i was in a similar sitiation 2 years ago... when 2 guys that i was kinda friends with came over and asked me to go 4 wheelin with them (ATV's). so we went ridin and the 4 wheeler broke down so we started pushin back towards the house.. me bein the bored person i am starts pickin up sticks and tossing them at the other 2 guys it turns in to an all out war and i get hit in the head get mad and throw a stick as hard as i can and it hits the kids wrists and goes to the bone. he ends up in the hospital i apologize about a 1000 times buy him cookies etc... and what do i get a nice letter in the mail saying we are bein sued.... yea i started it but who got hit in the head!?

[AcemanPB]

buy him cookies etc...

Just thought this was kind funny..

[Brak]

the nerve to do this MONTHS after it happened? do you have ANY idea how long i takes to actually FILE a lawsuit? you are lucky you got it that quick. and you cant expect to get a friggin gift basket from somone you rear-ended, especially someone with a disability.

most lawsuits take a very, very, very long time to file. my dad was hit in his car and now he cant turn his head to the right, and it took him a year and a half to file a suit. and hes a lawyer! dont blame the guy for waiting so long, blame this glorious legal system

[1stdeadeye]

Re: Lawsuits

Originally posted by darklord
I learn that the guy and his "passenger" (keep in mind I saw NO passenger in his car, same with all my friends) are filing the claim. I distinctly remember a bag of KFC in his passenger seat. And, even if he DID have someone in the rear under a blanket, you would think that I would've noticed them easily when I walked up to his car, or even if they were sleeping, they would've sat up during the accident.

Blame him for lying! Make sure you and your friends tell this to your insurance company. If he woud lie about something like a passenger, can you say insurance fraud!

[lopxtc]

This is why you always call a cop on the scene and never ever leave without their information ...

Not doing any of the above and it becomes and he said she said situation ... if your lucky you will have a state where the rule is that if they cannot figure out who to blame then the claim is dropped.

Had it happen to me that given all the evidence; cops statement, my statement, the other guys statement ... they were not able to find guilt ... so both insurance companies drop the cases and said your on your own to get the damaged fixed.


Aaron

Aaron

[-J�ker-]

Originally posted by AcemanPB


Just thought this was kind funny..

i made a stick go to his bone what else was i supposed to do? kiss it for him.. it was my moms idea anyways

[darklord]

Brak- okay, sorry my daddy isn't a lawyer like yours, but unlike you, I have never been in a situation like this. I didn't expect him to hand his *** to me on a silver platter... I know I'm automatically at fault, but you think I would've been freakin notified that he filed a claim shortly after the accident! Plus he blatantly LIED to the insurance company!

and lopxtc- there was a cop on the scene, he was on a bike, came by and was like "what happened?" then he told us to take it to the breakdown lane, and to get off at the next exit. Then he left.

Oh and by the way Brak, I can bet that you probably don't have a license or a car yet. But I will tell you this, you WILL get into an accident! Too bad all our daddys aren't lawyers like yours, who probably can afford to buy you a nice car, too!

[magking1971]

At work we are required to have a camara in our fleet of trucks, and if we ever get in a wreck we are told before we say anything start snapping pic's of the wreck from all angles like crazy.
It has saved our arse from people that are sue happy or are just out to get in a wreck to get some money soooooo many times.

[FalconGuy016]

This is a very common scam (im not saying this is... but its got all the red flags)

Sorry

[InfinatyBPS]

i made a stick go to his bone what else was i supposed to do? kiss it for him.. it was my moms idea anyways

Dude, how big and pointy was this stick? How can anyone throw a stick(I'm thinking twig-about half inch in diamter sized stick) and have it hit their bone?

[845]

You sure it wasnt a spear in disguise?

[Star_Base_CGI]

Originally posted by FalconGuy016
This is a very common scam (im not saying this is... but its got all the red flags)

Sorry

In the future leave more space.

Im sorry too. Evil people suck. He deserves to die and someday he will.

[jdev]

hey dark.

what was the traffic situation?

where you travelling on boston highways in rush hour (not a good idea.. i hate rt3 and 95 during rush hour.. )

you may want to try and go for that this person was not in control of his vehicle. did he stop short for something infront of him? you can try to approach this as he did not have control of his vechile.. or may have been driving irradically. my brother recently got a ticket and insurance surcharge revoked because he rear-ended someone, but they were driving irradically.. braking for no reason.. etc..



ill mention this to my mom, who does happen to be a laywer, and has helped friends out on more than one ocassion with some bull**** like this.

as someone said earlier, i ALWAYS phone the police and NEVER leave until I have this persons information. if this person left you without giving you his information, im sure thats grounds for some sort of avoidance of the accident.. check to make sure he had a license or valid registered vechile as well.

ill get back to you, prolly later tonight after I talk to my mom about this for ya. hell, if you're around the south shore area, maybe I can get her to meet with you and talk over what happend. PM me and let me know if you would be interested in that.

otherwise, ill get back to you via this thread, or via PM.

good luck otherwise.

.joe.

[oldsoldier]

Legally, his insurance company notifies yours, who in turn notifies you. So, this is the normal process of things. He is suing for 2 reasons; one, you are a kid. Sorry, but, thats what it is. He expects you to fold, and get what he wants. Two, he wants cash. Plain and simple
Now, what is he suing you for? Car damage? Pain and suffering? Hospital bills? And, he would have to prove a passenger was in the car too. You cant just say "I am hurt, I am suing you", and not have any proof to back it up. He HAS to have hospital records, ect, of both he AND his passenger.
The best thing, with your insurance company, is to be truthful. If there we NO passengers that you saw, tell your company. If you distinctly remember KFC in the passenger seat, cool, and if you dont recall seeing anyone in the back seat, let them know.
Lesson learned; next time there is an accident, WAIT FOR THE POLICE. You only need to exchange driver info; you dont have to talk to the person. And, if you wait for the police to arrive, it will validate any claims either of you make.
Good luck to you.