Can someone sue me if I was at fault during an accident?

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PostPosted: Mon Jul 20, 2009 9:04 pm   Post subject:   

You would be surprised how many accidents in parking lots develop into large lawsuits. I work EMS in addition to my career in insurance, and I thought you'd get a kick out of this:

We responded to a fender bender in which both vehicles were backing up. A young woman claimed she had severe back and neck pain, so we removed her from the vehicle and immobilized her on a backboard. We had her in the back of the ambulance and the state trooper poked his head in to give her the report.

The report showed that neither party was at fault and explained that they would most likely each be responsible for their own damage and bills. The woman said I don't need this then and unbuckled herself and stood up and left!!!
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PostPosted: Tue Jul 21, 2009 6:06 am   Post subject:   

Quote:

We responded to a fender bender in which both vehicles were backing up. A young woman claimed she had severe back and neck pain, so we removed her from the vehicle and immobilized her on a backboard. We had her in the back of the ambulance and the state trooper poked his head in to give her the report.

The report showed that neither party was at fault and explained that they would most likely each be responsible for their own damage and bills. The woman said I don't need this then and unbuckled herself and stood up and left!!!


Nice

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PostPosted: Tue Jul 21, 2009 6:11 am   Post subject:   

Quote:
The woman said I don't need this then and unbuckled herself and stood up and left!!!


Very Happy

Many would try profiting from an accident whenever they are presented with the opportunity without realising the fact that the same tricks can be played against them by someone else as well. The woman in your example is no exception.
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PostPosted: Thu Jul 23, 2009 8:03 pm   Post subject: Motorcycle accident  

A woman had a motorcycle accident in front of my house and claims she thought a dog was going to run out in front of her and caused her to lose control of her motorcycle. We offered to call an ambulance and the police out here but she refused and her family picked her up and then took the motorcycle home. We then recieved letters and calls from my homeowner insurance company 4 months after the accident that she is trying to sue us because she said she hit our dog..When my husband and I got to her there was no dog in sight..We have dogs and most of my neighbors have dogs..If she had hit one of my dogs we would have taken it to a vet or something would have been wrong with the dog. Normally our dogs are fenced but at times they do jump the fence and take off. She filed no police report. When I spoke to the police department the officer said it was like the accident never took place because she never filed a report. My question is we are in bankrupt and if she does succeed in sueing us what should we do? Should we obtain a lawyer? She is trying to sue us for medical damages and damages to her motorcycle...My husband , brother-in-law and myself saw no evidence that she even hit anything.. All there was in the road on the other side of the street from my home was skid marks from her motorcycle. When my husband moved her motorcycle out of the road (the lady asked him too) he saw nothing on the motorcycle to indicate she hit anything...We are confused and really stressed over this. No one wants to get sued but its even harder when you don't feel you were at fault...Please help...
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PostPosted: Fri Jul 24, 2009 7:34 am   Post subject:   

Hello Evie, I agree 100% with you, no one wants to get sued. However, there are circumstances where things can't be avoided. Anyway, the insurer would be defending you in the court if she sues you.

Had she claimed the same story of hitting a dog at the time of accident?

Were all your dogs at their enclosures after the accident?

Listen, it’ll be equally important for her to prove what she claims. Therefore, don’t worry too much.

Have you been served with the court papers yet?
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PostPosted: Fri Jul 24, 2009 10:32 am   Post subject:   

Hi, I'm just being curious to know the nature of damages caused to her. Did she really get injured? Or is it just her bike that was damaged? I'm just trying to figure out how much she's pretending and to what extent it could be real. Did her attorney contact your insurance company?

SteveJerk

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PostPosted: Fri Jul 24, 2009 12:14 pm   Post subject:   

Quote:
what should we do? Should we obtain a lawyer? She is trying to sue us for medical damages and damages to her motorcycle
IMMEDIATELY, contact your homeowners carrier, and get these suit papers to them...they will provide a defense, (attorney) if one is needed. Failure to get these to your carriers claims dept. in a timely fashion could result in your loss of coverage, and defense...so move it girl! Wink

The burden of proof is on her...I'd not worry a minute about it (after I turned it over to my carrier)

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PostPosted: Sun Aug 16, 2009 9:29 pm   Post subject: excluded driver  

i was at fault an accident it my husband car but i in excluded driver. i am worried they going to sue me. i need help he does have full Surprised
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PostPosted: Tue Aug 18, 2009 2:34 am   Post subject: insurance  

(I think you made this same post on another thread). Yep...I believe they CAN sue you. Even if your hubby ahd 'Full Coverage' (collision) they wouldn't pay for it because you were driving a car you were not suppose to drive.
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PostPosted: Tue Oct 06, 2009 11:30 pm   Post subject: Can I sue the owner (mom)  

I was involved in an accident. The other driver hit me at over 70+mph in a 50. Totaled my car. My insurance had cancelled 8 day prior. His insurance company has given me a hand job for the last 8 months. I am without car. I won a small claims judgement. He is 19 years old. I'll never collect. Can I sue His Mother who owns the car?
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PostPosted: Sat Oct 31, 2009 4:34 am   Post subject: need legal answers  

i was on my way home from work today when i hit the vehicle in front of me. i was probably only going five miles an hour if even that and the man in front of me happened to be driving a bmw. we both pulled over and the man was just freaking out. His car had two bolt sized dents (paint was chipped there as well) on his bumber from my licence plate on my car. The guy got out and started saying how he was going to fry me. This is the deal. I have insurance full coverage. Im under my mothers insurance because the car is my mothers. i live in a seperate state than my mother.The guy started going on about how that was illegal that iwas driving her car and how he was going to make sure i got cited for following to close and how he was going to make me pay big time so i would learn a lesson. He then told me that he wouldnt call the cops if i paid him money to fix it. All though i know i may have screwed myself over big time i paid the guy 200.00. he took all my information down.. my drivers licence, my plate, my phone number... everything. meanwhile me, still being shaken up took down nothing more than what he gave me- a P.O Box address and a phone number. Towards the end of it all he had calmed down a little and told me that he doubted it would be that much and he would return any money if there was any left over from the 200 however- if the expense was greater he was going to send the bill amount to my house. We both drove off and went our seperate ways. Bottom line i kno it was dumb on my part to do what i did. but i need to kno what i may be up against. i have asked many pple and no one seems to have the same response. What if this guy decided to go further after it was all done with? what if he tries to stick me with a huge huge fee for fixing small dents. can he sue me? with no police report or anything??? is that possible? could he go after my parents? im just really concerned with all this and need some advice!!!
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PostPosted: Wed Nov 25, 2009 7:33 pm   Post subject: WHAT IF  

There was someone injured in the accident and it was more severe, and the atfault person doesnt have enough coverage? What then?
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PostPosted: Sun Jan 24, 2010 8:10 am   Post subject: Same kind of situation  

I was in an accident where I past on the red light by the mistake and someone hit me from the side, Thank God nobody was injured. It was determined by the police report as being my fault and the other driver has a witness also, I plead not guilty for the traffic ticket cop gave me, and I have a pre trial conference soon. The car that hit me was a newer model, and I received a letter from my insurance company stating that the damages to the other party might be above my limits I only have basic liability coverage as I am 25 years old unemployed college student who was driving an older car. Does this mean that the other party is definitely going to sue me or can sue me? Imp worrying too much, because I can’t afford to hire a lawyer. Believe or not since the accident happened I can't even sleep at nights. Can anyone tell me what is going to happen in the pre trial? Or what should I do?
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PostPosted: Sun Jan 24, 2010 1:58 pm   Post subject:   

Quote:
Does this mean that the other party is definitely going to sue me
no,
Quote:
or can sue me?
yes,
Quote:
Imp worrying too much, because I can’t afford to hire a lawyer
your insurance carrier would provide the defense attorney, (NOT for your ticket but 'if' a suit is filed)..
Quote:
Believe or not since the accident happened I can't even sleep at nights. Can anyone tell me what is going to happen in the pre trial? Or what should I do?
I have no idea what will happen in the pre-trail. This is ONLY for your ticket right? If so then the judge is going to ask you, "did you pass this guy on a red light?" you're going to have to say, "yes" because you did...so bing, bang, bomb, you're guilty. Why are you fighting this if you KNOW you were wrong? It doesn't make any difference if you didn't "mean" to, or if it was a 'mistake' of course it was a mistake, but it's still illegal...Have you talked to your carrier about fighting this ticket? I'm sorry but it seems silly to me...

Chances of this guy 'sueing' you are remote. What typcially happens is his carrier will handle his vehicle damage, then come to your carrier for reimbursement (this is called 'subrogation'), if your limits are too low to pay then entire amount of damage, his carrier will most likely accept your limits. Your carriers job is to settle it within your limits thereby protecting you from a law suit. Your carrier will not issue one penney without a release being signed which will not allow this guy or his carrier to sue you.

This guy probably has an injury too right? What are your BI limits?

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PostPosted: Wed Jan 27, 2010 2:17 am   Post subject: thanks for the reply  

is there anyway that i can change my plea from not guilty to guilty before the pre trial?
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