Getting Sued for $100 Grand

[5hift]

So yesterday I come home after school to find out I'm getting served. After combing through the papers I find out it's from a fender bender roughly 2 years ago and totaling $100,000.

Just under 2 years ago (they sued me just in time i guess - within a week of the deadline), I hit some teenage guy from behind on Crowchild North in my Dad's car. It was stop and go rush hour traffic, and I just got distracted and looked away for a minute, couldnt react in time, and hit him from behind. This is not me trying to pass blame as I know it was completely my fault. Anyways, the accident happened at a really slow speed and the damage to the back of his bumper was nothing more than a few scratches. At the scene it was me and 2 of my friends in my car and him and his girlfriend in his car. Both of them got out right away after, and when I asked if they were ok the guy said he was ok, but his girlfriend said her neck was sore (she had no problem walking around and making 50 calls to all her friends to let them know what happened while me and her boyfriend exhcanged information).

After paying for the damages to his car I didnt hear from him and completely forgot about it over the 2 years like most would. Aparently now the guy's girlfriend (probably recently ex) decided to sue him and his mother for damages as well as me and my Dad (the car was in his name). She is saying she suffered shoulder, neck, spine and cervical injuries. Her claim is also saying she has had chronic headaches which were the reason she could not go to UofC as she had planned her whole life, and that I pretty much ruined her life and that $100,000 would make it all better.

The accident happened before Alberta passed that new legislation preventing scammers like this so it means she can possibly get the full amount. I am covered with full insurance luckily though so in a worst case Insurance would pay it out.

I've never been in a situation like this and was wondering what process to expect, and should I expect my insurance company to pay her out and then cut my coverage or what. Is there even anything I can do or is it out of my hands? Should I talk to my friends or are statements of people who were in my car during the accident useless.

Any info would help as right now I'm really pissed off.

[Chris88CL]

I've been sued twice by trash like that. Theres not much you can do about it. The fact that I was sued didnt affect my insurance premiums at all, but the fact that I was in an accident did. I signed up with a new insurance company about 6 months ago without any issues, so you should be ok.

I really didnt have to do anything when I was served. I gave the insurance company the papers and that was that. They dealt with it and I was never required to go to court or have anything to do with it.

Im sure they'll settle out of court for $20,000 or so. Its because of these scammers that the new legislation was put into effect. Unfortunately it wasnt soon enough.

[FiveFreshFish]

I guess in hindsight, you should have gone through insurance because there was possibly bodily injury.

A friend got sued by the paper boy because he slipped on her driveway and claimed he sprained his ankle. Her home insurance handled it and she didn't have to do anything further.

In your case, I doubt she'd get the full amount.

[Z_Fan]

Well...

It's actually up to your insurance company now and you actually have no say in whether or not they pay out. Your insurance will do what they wish and you have little or no control over the situation. But given the amounts and the severity of the crash, I would highly doubt your insurance company will just pay up.

For the most part, the papers you received are "canned". They'll say that your are at fault for causing the accident, that your car was in dis-repair, blah blah fucking blah. Many things will be alleged that you know for fact are not true. Typical lawyer bullshit that they keep on file, swap in new plaintiff's names, print and mail off. That shit probably doesn't even have anything fucking original in it other than names and the date. Fuck this shit pisses me off.

Anyhow, it's a nice source of stress - but the claim number is below what you would have had in personal liability, and so it's not coming out of your pocket.

Having been involved in a bullshit insurance claim in the past (my passenger sued me, my insurance company, the guy who was at fault, his father, their insurance company, the family dog and my pet gold fish.) What I found is your hands are tied - despite this being really fucking annoying because I knew it was a scam [in my case] as before we had stopped, the guy in my car was talking about suing and working the system. [No, I'm not kidding.]

You can phone and talk to your insurance company and probably get a hold of the person dealing with the claim as they will have a copy of the papers as well. Sometimes when it is a third party suing like this, the two insurance companys will put up a united front with all drivers claiming the accident was very minor and they take it to court for a ruling. It would be up to the plaintiff to prove the claim and her costs, etc. It's enough money that they will definitely not just pay it. They may settle for significantly less coin and avoid a ruling in a court of law. This is very common as it minimizes risk for the insurance companies if the young lady suing will settle. My guess, she will. Almost all of these are quick money grabs, which is what this is as the number is extremely low for someone who is REALLY SUFFERING.

My advice is - talk to your insurance company just to make sure they are dealing with it, express your view on the validity of the claim - tell them you'd like them to fight it tooth and nail - and then forget about it. Literally, forget about it. This actually is totally out of your hands, and so I wouldn't worry too much over it. Easier said than done, I know - but there is nothing you can do.

Sorry this had to happen to you, but you know, this is part of our wonderful system.

[Raz]

Original Post Removed. (Please read the Forum Rules and Terms of Use before posting again, or risk getting banned).

[abyss]

I JUST went through this exact same thing from an "accident" I had in 2001, except he was only suing me for $50,000. Explain the situation to your insurance company, it may turn out that they settle, or it may turn out that they will try and start a court process. I went through everything except the trial, you may have to talk to the lawyer representing you. Review and sign an affidavit of records, and maybe even go to an examination for discovery. Neither of which is very scary provided you tell the truth and just be honest about what happened to her lawyer as well as yours.

[5hift]

Thanks for the info guys, its kinda a relief to hear some of this stuff.

Z-fan - sucks to hear your own passenger sued you, hopefully it wasnt a friend. Its pretty sad when someone your nice enough to give a ride, decides to take advantage of the situation and profit off you. Fucking people these days

[HRD2PLZ]

If you had just paid them out I would have asked them to sign something stating that they have received compensation and will not launch any further claims. When I was in an accident that wasn't my fault, the guy paid the bodyshop for the damage but his insurance company still wanted me to sign off saying I would not pursue any further claims against the individual or his insurance compay.
Another time, when I rear-ended someone, he had tried to sue me but after taking statements from all people involved and the witnesses my insurance company refused to pay him out because there was considerable doubt to his actual injuries. I think my insurance company might have compensated him for "loss of employment" and his medical but thats it.

Anyways, like what was previously stated, just be honest about what happened. Insurance companies never want to pay out so they will definitely go up to fight for you.

[Z_Fan]

Originally posted by 5hift
Thanks for the info guys, its kinda a relief to hear some of this stuff.

Z-fan - sucks to hear your own passenger sued you, hopefully it wasnt a friend. Its pretty sad when someone your nice enough to give a ride, decides to take advantage of the situation and profit off you. Fucking people these days

He was a mutual friend...or a friend of a friend.

Basically, his infant son was extremely ill and needed to get to the hospital ASAP. He had been drinking so I offered to drive him to get his child and get to the hospital.

The accident was very minor. I was in a turn lane and a guy decided he wanted in at the last minute. I noticed, and did what I could to avoid it but he just graced my right side. In fact, the side of the car slid across his bumper and the contact was so small that the mark on my car was merely burnt rubber from his bumper. I was able to remove it by simply rubbing it!

But yeah, it was a fucking joke. But that's how the guy lived his life. He used the system as best he could ... basically abused the system as best he could. LOL. No morals whatsoever.

[Raz]

For all people that cheat insurance systems and their friends, people with lack of morals and dollar signs in their eyes whenever they get in an "Accident" ... Baseball bats people, baseball bats solve all these things

On another note, I was in an at fault accident back in may of '04, in 6 months he will have run out of time to sue me (minivan driver, stopped all of the sudden for no apparent reason on McKnight, filled out his report that he stopped for construction ... There was no construction going on for miles around .. wtf?!) Anywho, I hope he doesn't, he already claimed soft tissue damage back when the accident was, even though nothing happened to his car, at all. Baargh.

People and their 'necks' ... I've been rear ended a few times, i've been hit from the sides, i've been in a rolled car in a amateur rally in sweden ... I've never worn anything more than a seatbelt and a helmet (at racing events) and never been hurt or sore... I don't know what the big deal is abouit whiplash, it's probably as real as that whole SARS thing people were ranting and raving about killing everyone when just 600 people worldwide died of it in a year... Thats less than bullets falling back DOWN from people shooting them up for celebration purposes kill a year

- Rasmus

[jaysas_63]

Originally posted by Z_Fan


He was a mutual friend...or a friend of a friend.

Basically, his infant son was extremely ill and needed to get to the hospital ASAP. He had been drinking so I offered to drive him to get his child and get to the hospital.

The accident was very minor. I was in a turn lane and a guy decided he wanted in at the last minute. I noticed, and did what I could to avoid it but he just graced my right side. In fact, the side of the car slid across his bumper and the contact was so small that the mark on my car was merely burnt rubber from his bumper. I was able to remove it by simply rubbing it!

But yeah, it was a fucking joke. But that's how the guy lived his life. He used the system as best he could ... basically abused the system as best he could. LOL. No morals whatsoever.

people like that will get whats comming for them....fucking leaches of our society.....i can't stand people who live like this...its amazing how pissed off i got just by reading your post

[natejj]

I am pretty sure your insurance takes care of it all. Dont expect an increase, or to even hear about it again.


Same thing happened to my mom... big guy shows up at our door, lets us know we are getting sued.

Insurance called us next day and said they would handle it.

We never heard about it again!

POWER TO YA MAn!!

[Redlyne_mr2]

There is a cap now is there not to deal with homos who try to get insane amounts like this.

[90s_tuner]

do you even have a hundred grand just laying around to shell out? haha

[TheBenzo]

Rassmutant, you are friendly, but you sound like an idiot.

I sued my friend's insurance company when we got hit by a gravel truck. I wanted to cover the costs of the 4 chiropractor trips and the lost wages for those days.

It totalled maybe $3000. But my lawyer went after them for "Up to $150,000.00" I didnt want to bang them out of that much, just what I lost as a result of the accident. Besides, my buddy is was an idiot.

[TheBenzo]

Originally posted by Redlyne_mr2
There is a cap now is there not to deal with homos who try to get insane amounts like this.

No, that is only for soft tissue injuries. If there are a multitude of proven injuries then there is no cap.

[legendboy]

It’s an insurance issue.

You have absolutely nothing to do with it. This is why you pay for insurance.

It will not affect your insurance premiums any more then they already have been.

On a side note, lawyers always start high with any suit. They start at 100 and end up settling for 15 or 18k.

:Legendboy, whose cousin is an accident injury lawyer, and who recently went through this himself:

Just forget about it, it really has nothing to do with you at all.

[Z_Fan]

Originally posted by jaysas_63



people like that will get whats comming for them....fucking leaches of our society.....i can't stand people who live like this...its amazing how pissed off i got just by reading your post

Yup, guy is a mother fucker. I have no respect for that. Haven't spoken to him since. All of us who 'knew' him disassociated ourselves with him over this incident. I never could figure out if it was stupidity or greed that is the motivation for such action.

Good fucking riddance. I've got no use for those kind of folk.

[JAYMEZ]

^^ Yah I would never want to be friend with someone so damn cheap..

As for the 100 Grand , your insurance company will want to investigate her and most likley will follow her to see how her injuries are , they will check her medicals , her work , all her x-rays to PROVE she had all those fucked up problems , they will follow her daily activities as well , i mean if she went clubbing or did something with high activity they know she is bullshiting.

Trust me the insurance company will not let that much money go lightly , she will probably end up getting maybe around 6,000 Cap.

[mac_82]

get the insurance company to hire a private investigator. my buddy worked as one for a while, and I helped him edit his video footage. he followed a lady suing someone over a serious neck injury, and claimed she couldnt do anything. he filmed her playing sports, lifting heavy objects, etc etc. good luck.