Being Sued... :(

Discussion in 'Teacher Time Out' started by Maithal, Apr 21, 2010.

  1. Maithal

    Maithal Cohort

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    Apr 21, 2010

    Hi Everyone!
    Dec. 2008 I rear ended a woman (and 3 kids as passangers) on my way to my last grad class. The roads were slick due to rain and the woman suddenly stopped and I didn't have enough time to break. As far as I know she didn't even have her break lights or blinker to turn right.

    However, as the law says, I was at fault. My car was totalled and I had a back sprain. Her kids are fine, but she claimes she has neck pain and is suing me for $100,000. At the time I had Amica insurance and the car was under my parent's name. Amica said that the lady was contacted 20-30 times for medical records but nothing was disclosed. I even remember her walk out of the ambulence to get her car. My liability covers up to $489,000.

    I am very worried about this. I talk to my friend's dad who use to be a lawyer for an insurance company and he said that chances are I won't end up having to pay anything out of pocket. He said it's common not for people not to disclose any right away.

    What do you all think? Anyone ever been sued before? Accidents happen, but some people are money greedy.
     
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  3. McKennaL

    McKennaL Groupie

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    Apr 21, 2010

    I was on the other side of the matter. I was hit head on by a drunk driver (NOT at all saying you had been drinking...NOT AT ALL).

    Only here to say....

    *my law suit took about 2 years to finish. (they don't move all that fast)

    *For shattering my right leg, breaking my hip, four operations, and putting me into the hospital for 4 months, and 16 months of physical therapy before I was fine...She paid $250,000 (the two bars that served her were also sued-that's another story)...and it was all through her insurance..nothing came out of her pocket.

    ...

    Considering that...$100,000 for a sore neck/even whiplash (and the kids are fine) seems a bit high. Stick with your insurance agents. Don't talk/write/speak outside of them (let THEM handle it all). Even if you get diposed - they will train you how to handle it....or they might just settle before it gets to that point.

    If you are covered for $489,000... you should be fine.

    I know it's scarey. Take a breath. You'll be fine.
     
  4. MissSkippyjonJones

    MissSkippyjonJones Comrade

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    Apr 21, 2010

    With all lawsuits, I have always heard that you need to ask for the most you could possibly get because you can't ask for more later. Since you are insured, try not to worry too much about things. As was already stated, let your insurance handle it for you. Good luck! :)
     
  5. Toak

    Toak Cohort

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    Apr 21, 2010

    Well I think no judge would award her that amount, even if she did have neck pain.

    I'd counter sue for court expenses because odds are, if she's asking for that much money the whole thing is a scam, and if its found to be one, most judges will automatically approve your counter claim.
     
  6. czacza

    czacza Multitudinous

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    Apr 21, 2010

    It will most likely be handled by your insurance. Send copies of all paperwork to them.
     
  7. Grover

    Grover Cohort

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    Apr 21, 2010

    Exactly- it's a game lawyers play. IF for some strange reason the insurance co. settles for more than you're insured for, you can always sue them (get a lawyer before you sign anything that means money out of pocket for you). They have an obligation to their clients (not to mention their stockholders) to avoid paying exaggerated claims, they know that, and it should never come anywhere near that unless you did something egregious (or at least appeared to) that you haven't mentioned. So, don't worry, cause that can undermine your health, and you're probably not insured for that.
     
  8. Chrissteeena

    Chrissteeena Companion

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    Apr 21, 2010

    I work at a Law Firm and one of the attorneys works with tons and tons of Auto Accident cases. If you would like, I could ask his opinion based on what you posted…

    I obviously can't say anything based on cases that I see everyday… but from what I can tell most of the people who sue at the very last minute are only looking for money. Your accident was in 2008 which means pretty soon it's coming up to the time where if this lady didn't do anything- she would get nothing. I do believe they give 2 years after an accident to sue (it could be three though).
     
  9. NewGirl23

    NewGirl23 Rookie

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    Apr 21, 2010

    Don't worry this happened to me also. I was a senior in high school and a truck stopped to let me turn left..he motioned for me to go, but it wasn't clear and a car hit me one the driver side and I was ticketed for failure to yield right of way. Fast forward to my senior year of college and I get paperwork saying that I was being sued because the man complained of heart problems after the incident. The only thing I had to do was go to the lawyer my insurance company used and give my statement. I wasn't contacted after that. Months later we received paperwork saying that it had been settled.

    It was really scary, but the lawyers handle this every day all day, so don't worry. Hopefully your will send up similar to mine. Best of luck :thumb:
     
    Last edited: Apr 21, 2010
  10. MissH225

    MissH225 Comrade

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    Apr 22, 2010

    I was sued after rearending someone as well. He sued me about 2 years later? He claimed he had some neck (maybe back as well?) injuries. I had to go to court and testify. There it was reveled that he has had back/neck injuries before and he was seeing a chiropractor/dr before I even hit hiim. He also was a very athletic guy who was injured at times. Long story short he still was awarded liek 6000-10000 (can't exactly remember). I didn't have to pay anything and my insurance didn't even go up, actually it went down.

    That seems like a lot they are trying to sue you for!
     
  11. Grover

    Grover Cohort

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    Apr 22, 2010

    BTW, the 2 years later business doesn't mean they are scamming you- lawyers advise waiting until all medical conditions have been identified and, as much as possible, treated. Otherwise, there's no basis of fact on which to decide how much the accident cost the victim in medical bills, lost work, pain and suffering. However, this does sound like a pretty inflated claim.
     
  12. Chrissteeena

    Chrissteeena Companion

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    Apr 22, 2010

    I sent you a PM back, but it's from my iPhone, I can't tell if it sent or not; so if you didn't get anything let me know and I'll resend when I get home.
     

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