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January 2011 Moms
kesrya
member
(NBR) Our sue-happy culture vent
kesrya
member
So last week, my husband wrecked my car on the highway where they are doing construction and the lanes merged. He had slowed down to about 35, but still rear-ended the car in front of him. That car had a metal hitch that tore up the entire front of my car, but saved that car from most damages. While our car was barely driveable, the other car was mostly fine and the 3 people in it not injured at all - or so they told the police officer who responded to the scene.
Okay, so I get it - it was my husband's fault. As per instructed by the officer, he gave the other driver his insurance information and has already contacted his insurance and gotten a claim started and given them her information for when she calls. The officer did not give him a ticket - it sucks that my car is wrecked, but it was a fender bender - no big deal.
So last night we get 5 identical letters from this lady's lawyer with 5 different names on it (there wee only 3 people in the other car) asking us if we have insurance to have the company contact the lawyer immediately and if we don't, we are going to be sued by these people for damages.
Really, lady? You are so friggin lazy that you can't just call the insurance company yourself - or give your lawyer the insurance information that we already gave you? And why are there 5 people involved in this when you had 3 people in your car? Is this really necessary?
What is wrong with people today? I got rear ended in September by a large commercial vehicle. The guy was totally sorry and polite, and I was physically fine ... maybe slight headache, but really not worth pursuing medical treatment. You know what I did - I called his insurance company, took my car to an adjuster, and got the minor problem fixed. End of story. I didn't call a lawyer, neglect to give him the information I already had, and send threatening letters of possible lawsuits to him.
It's really too bad that the other driver had left the scene in her barely damaged car before I got there to pick my husband up, because I really would have liked for her to see that she is trying to sue a polite, young married couple about to have a baby in 2 1/2 more months.
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Re: (NBR) Our sue-happy culture vent
I just got back my car that was rear ended by some lady that was also speeding on a local road. My car was brand new, less than one month old, with around 300 miles on it, and it was stopped. The lady hit my car causing it to collide with the car in front of me. We all agreed this is what happened when we gave statements to the cops. There was $10000 worth of damages to my spanking new car and she chose to lie to her insurance. Nevertheless, you can't get away like that. The police report has everything!!! It has statements, insurance information, licenses, addresses and everything. Anyone who lies will get into trouble with their insurance. Just tell the lawyer to wait for the police report which takes 3-5 days in NYC, and your insurance can sort it out with their insurance. No need to hassle you...everything takes time. Her police report will also show that there were only 3 ppl in the car. This lady that lied to her insurance was dropped from her insurance because she lied. One month later, I finally got back my car which now has an accident on record.
Also she has to report it to her insurance... it takes a lot longer to go through privately even if you have a lawyer, at least that's what my friend who's a lawyer told me. And it makes sense.
Meh, unfortunately this is the way of the world.
Just pass your ins co info onto them. Then notify your insurance company. Your insurance company will have their lawyer (who represents you) contact their lawyer.
You will likely barely be involved and the case will probably settle without you even knowing about it.
I would definitely follow up about the 5 people on the claim when only 3 were in the car - make sure you let your insurance company know that.
My SIL is a personal injury lawyer and she hates her clients because all they want is an easy way to make money. She wishes she could switch to corporate law, since that's what she really wants to do, but this was the only job she could find. I get a kick out of her stories, but you're right - everyone is sue-happy these days.
I hope things work out without those people being even bigger d-bags than they already are being.
Yup, it happens...i agree with the PPs...she's going to get what's coming to her..there was a police report and you can't argue against that...so she's screwed.
This happened to my brother in a way...he was driving down a 4 lane highway divided by a grass median and it was like, 5am...so still dark. Out of nowhere, a man steps in front of him waving his arms. Since it was so dark out, my brother barely swerved to avoid him and ended up clipping the guy with his car and going across the median where he finally stopped because he hit a tree head on. Thankfully my brother wasn't hurt, so he got out and went back to help the guy...who i think ended having a broken arm or broken leg. It's at this point that my brother notices that the man had stepped out from next to a broken-down car with no flashers going. It was a dark car too, so again...barely visible. The cops came, the ambulance came...the man was a complete angel, claimed full responsibility. A cop and my brother moved the car to the side of the road and turned on the flashers and the report was made. No charges filed, since it was the other guy's fault. 5 months later my brother gets a letter that he's being sued for hundreds of thousands of dollars for personal injury and pain and suffering. The man tried to say that his flashers were on, it was light outside, and that my brother hit him head on. Of course, the police report stated otherwise...especially since the police officer helped my brother move the car and knew that the flashers weren't on....plus my brother's car was across the street against a tree and it was fairly obvious he had swerved to miss the guy. They actually went to court and the guy got in a lot of trouble because he had lied about virtually everything.