I'm Being Sued!

::::BASSIST:::: · #1 09-06-2009, 04:19 PM

Yes, I'm being sued. I rear-ended a guy (early 20s) in a late model cadillac in Jan 08. My car got bent up and his had no visible damage that I could see. So now he's suing me a year and a half later. I'm covered for one million liability so I hope thats enough if it gets that far. If not, we are screwed. I guess we'll sell our place, go bankrupt and get our wages garnished! Yahoo, what fun! I just cant see how he could make a medical claim 1.5 years after the fact. He didnt even file the original claim for 4 months after the accident. I'm calling the ICBC (Insurance Corporation British Columbia) appointed lawyer tomorrow to see whats up. With any luck he doesnt have a chance of bringing this to court, but then again he is pursuing this so I assume he must have a good reason.

Anyone have experience with this sort of thing? Can this guy really come back one and a half years later and claim a medical problem?

tplyons · #2 09-06-2009, 05:08 PM

I believe they can. Here in New Jersey, the statute of limitations for personal injury is two years... I'm not sure what you guys have up north, but it's probably along those lines.

The guy could be in financial trouble and is hoping for a bit of cash from you without working for it.

I'm no legal expert, but based on what you've said, this may or may not hold water. Best of luck with everything though.

JimB52 · #3 09-06-2009, 05:10 PM

If he was paid on his original claim, I think your insurance company would have had him sign a release when he got the check.

Tama · #4 09-06-2009, 05:14 PM

Quote:

Originally Posted by JimB52

If he was paid on his original claim, I think your insurance company would have had him sign a release when he got the check.

I don't know how it works in Canada, but ours is 2 years to claim injury. Yeah, they can put you thru the ringer. That is why I pay extra and have the best insurance money can buy. The better insurance you have, or should I say the more you spend with them...the better you get defended.
I know, I was creamed by someone once and my insurance company took good care getting me straight.
Hope you have good luck.
Cheers, Dave

mike_v_s · #5 09-06-2009, 05:25 PM

In my late teens/early 20's I was riding with a friend when he hit another vehicle. Low speed accident. He wasn't going any faster than your car idles after you release the brake and I estimate her speed at slower than I could run. Minimal dmage to both vehicles in the form of about one headlight a piece. I won't bother you with details, but 911 was called, my friend was issued a ticket, and she declined medical treatment.

I got notice of a deposition right around 2 years later. During that taping, the lady's lawyer did everything he could to paint us as a bunch of drunken thugs who went for a joy ride at 5 PM.

I flatly told him that, had we been able to acquire alcohol that afternoon (a near impossibility for us at the time), we sure as hell wouldn't have been heading to my parent's house (the wreck was on their street). His assistent stifled a laugh and he went for another angle.

They began the lawsuit at the magical 1 million dollar mark, claiming things as absurd as corpal tunnel syndrome as a result of the "impact". After mine and another passenger's deposition, they settled for $50,000.

I don't know how it works up there, but that session was a real eye opener for me. Good luck and be prepared for a character assasination.

Mike

Munjibunga · #6 09-06-2009, 05:39 PM

My neighbor sued me for cutting her trees that hang over onto my property. Bad move. I countersued for nuisance. She got zip. I got $6,500. Now all I have to do is collect it. I might lien her house.

In your case, get the most agressive attorney you can find. Your insurance company will probably foot the bill. I see a lot of these cases go to defense, so just grit your teeth and be aggressive. As we know, BTW, TalkBass is the absolute best place to get legal advice, and mine is worth exactly what you paid for it.

Darkstrike · #7 09-06-2009, 05:42 PM

Quote:

Originally Posted by Munjibunga

As we know, BTW, TalkBass is the absolute best place to get legal advice, and mine is worth exactly what you paid for it.

20$?

situation sucks dude.

MysticMichael · #8 09-06-2009, 06:26 PM

Quote:

Originally Posted by ::::BASSIST::::

Yes, I'm being sued. I rear-ended a guy (early 20s) in a late model cadillac in Jan 08. My car got bent up and his had no visible damage that I could see. So now he's suing me a year and a half later. I'm covered for one million liability so I hope thats enough if it gets that far. If not, we are screwed. I guess we'll sell our place, go bankrupt and get our wages garnished! Yahoo, what fun!

My, aren't we being melodramatic? Poor you...

Quote:

Originally Posted by ::::BASSIST::::

Anyone have experience with this sort of thing? Can this guy really come back one and a half years later and claim a medical problem?

I have no idea concerning the laws in BC, or in Canada for that matter. But a similar thing happened to me some years ago in North Carolina. It wasn't delayed like your case, but like your case it was pretty much a frivolous lawsuit.

As I recall, I caught word of the matter before actually gettting served, because the process server fumbled his first attempt. I then conferred with my insurance company, and was advised by one of their attorneys to keep a low profile and make myself scarce, in order to avoid future attempts to serve the papers on me. The server eventually did catch up to me - but it was after the court's deadline had passed, so the suit got thrown out.

The plaintiffs weren't going after me personally. But they had to name me in the suit in order to get money out of the insurance company - which is what they really wanted. The money grubbing lowlife...

MM

burk48237 · #9 09-06-2009, 06:29 PM

Quote:

Originally Posted by Munjibunga

My neighbor sued me for cutting her trees that hang over onto my property. Bad move. I countersued for nuisance. She got zip. I got $6,500. Now all I have to do is collect it. I might lien her house.

In your case, get the most agressive attorney you can find. Your insurance company will probably foot the bill. I see a lot of these cases go to defense, so just grit your teeth and be aggressive. As we know, BTW, TalkBass is the absolute best place to get legal advice, and mine is worth exactly what you paid for it.

I believe that last line is sig worthy.

guy n. cognito · #10 09-06-2009, 07:54 PM

There's little joy in suing broke musicians. They will keep the suit under policy limits. Your insurance company will handle this for you.

Munjibunga · #11 09-06-2009, 08:39 PM

Quote:

Originally Posted by MysticMichael

The plaintiffs weren't going after me personally. But they had to name me in the suit in order to get money out of the insurance company - which is what they really wanted. The money grubbing lowlife...

MM

This.

Munjibunga · #12 09-06-2009, 08:40 PM

Quote:

Originally Posted by burk48237

I believe that last line is sig worthy.

I've said it before, and somebody already sigged. But it's true, you know.

MusicBokonon · #13 09-06-2009, 08:54 PM

Quote:

Originally Posted by tplyons

The guy could be in financial trouble and is hoping for a bit of cash from you without working for it.

This guy is suing because of financial troubles and he has a Cadillac?

If you think he is suing out of financial troubles, this shouldn't be that big of a deal unless he's got attorneys from hell.

Tama · #14 09-06-2009, 08:55 PM

Quote:

Originally Posted by Munjibunga

My neighbor sued me for cutting her trees that hang over onto my property. Bad move. I countersued for nuisance. She got zip. I got $6,500. Now all I have to do is collect it. I might lien her house.

E-Gads Munjibunga...I'll bet she wished she would have just let it go. LOL

I have something to add to the OP:
Wouldn't it be a good idea to contact your auto insurance company and explain the suit and ask them to defend you?
I would think that since you were covered at the time of the accident, all claims are their responsibility to defend.

I know that is how it works here in Illinois.
Cheers, Dave

DerHoggz · #15 09-06-2009, 10:39 PM

Quote:

Originally Posted by Munjibunga

I've said it before, and somebody already sigged. But it's true, you know.

Yes, I agree.

Nothing has been worthy to replace it so far.

::::BASSIST:::: · #16 09-06-2009, 11:32 PM

I just got the letter from the lawyer from ICBC on Friday and seeing as how Monday is a holiday (Labour Day) I'll call the lawyer on Tuesday and try to get further details. I'm really hoping that if the guy does have a case, that my one million liability will cover it. Since hes seeking damages one and a half years later I cant see how he could get a huge sum, but ultimately I have no experience with this sort of thing. I'm just going to tell the whole 100% truth and be co-operative as possible and hope for the best.

Quote:

The plaintiffs weren't going after me personally. But they had to name me in the suit in order to get money out of the insurance company - which is what they really wanted.

I'm hoping thats the case here too.

RWP · #17 09-07-2009, 06:01 AM

Quote:

Originally Posted by Munjibunga

My neighbor sued me for cutting her trees that hang over onto my property. Bad move. I countersued for nuisance. She got zip. I got $6,500. Now all I have to do is collect it. I might lien her house......

This is the best idea. I once attempted a small business of judgment collection. Bad idea. Lien the house and get the cash at settlement.

Wilbyman · #18 09-07-2009, 06:35 AM

Quote:

Originally Posted by Munjibunga

My neighbor sued me for cutting her trees that hang over onto my property. Bad move. I countersued for nuisance. She got zip. I got $6,500. Now all I have to do is collect it. I might lien her house.

In your case, get the most agressive attorney you can find. Your insurance company will probably foot the bill. I see a lot of these cases go to defense, so just grit your teeth and be aggressive. As we know, BTW, TalkBass is the absolute best place to get legal advice, and mine is worth exactly what you paid for it.

I like your nuisance case Munji...

guy n. cognito · #19 09-07-2009, 06:50 AM

Quote:

Originally Posted by ::::BASSIST::::

I just got the letter from the lawyer from ICBC on Friday and seeing as how Monday is a holiday (Labour Day) I'll call the lawyer on Tuesday and try to get further details. I'm really hoping that if the guy does have a case, that my one million liability will cover it. Since hes seeking damages one and a half years later I cant see how he could get a huge sum, but ultimately I have no experience with this sort of thing. I'm just going to tell the whole 100% truth and be co-operative as possible and hope for the best.

I'm hoping thats the case here too.

It is the case. No blood from a turnip. Let the insurance company lawyer handle it.

Febs · #20 09-07-2009, 06:56 AM

Quote:

Originally Posted by ::::BASSIST::::

I just got the letter from the lawyer from ICBC on Friday and seeing as how Monday is a holiday (Labour Day) I'll call the lawyer on Tuesday and try to get further details.

It's not clear from your post whether the lawyer that you are referring to here is the plaintiff's lawyer, or a lawyer appointed by your insurer to represent you. If it is the former, do not speak with him directly. Contact your own insurer and advise them of the suit. Be sure to provide them with copies of any papers that you have received. They will appoint counsel to defend you. Speak to that attorney, and let him or her deal with the plaintiff.