I'm Being Sued!

[fdeck]

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.

+1

Meanwhile, prepare yourself by reading Bleak House by Charles Dickens.

 

[RAM]

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?

I'm no lawyer but I've played one against my ex-wife...she was (and still is) a lawyer.

My guess, without knowing the facts, is that unless he's got good documentation stating the accident caused him problems and not something more recent, he will have a hard time proving it was you rear-ending him that caused his problems. If he went to the hospital immediately after the accident and there are x-rays, MRIs, etc, that document his condition, he might have a leg to stand on. But, from what it sounds like to me, he might not have that as evidence - otherwise why would it take over 1-1/2 years to come forward?

Just an observation, but don't you have insurance to cover this? In Illinois, I've been sued once or twice for car accidents and was so far removed from the situation I never even found out the verdict. Insurance handled the whole thing and it didn't cost me a dime.

 

[thumpbass1]

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.

I have to second this advice. I've been in your shoes years ago, except I hit a guy who was with his wife, that was driving backwards down a two lane highway. I won't go into details other than his insurance company, followed by their lawyer tried to harass me into accepting responsibility for their client's dangerous driving skills and the damage that resulted. They tried to tell me it was a simple text book rear ending accident, and I was at fault. I guess the fact that their client who liked to drive backwards down a highway (Illegal in Nebraska by the way.) after missing a turn he wanted to make, instead of turning around and heading back in the opposite direction like most people would, didn't seem to factor in with his insurance company. I refused to talk with them and my insurance company defended me quite well, and they got me compensated for my totaled car and other expenses.

I have no legal advice to give anyone other than to get yourself legal counsel and representation when you need it. I wish you well.

 

[L-A]

Put on paper everything you remember of the accident, as clearly as you can describe it. You will probably get lost in versions while in court.

 

[Nedmundo]

Put on paper everything you remember of the accident, as clearly as you can describe it. You will probably get lost in versions while in court.

Do not even think of doing this until you've met with your attorney, and only do it if s/he tells you to. The document would be discoverable in litigation, and if your memory is refreshed later on, it will be very difficult to amend the story in writing. The event is old enough that details will likely emerge over time as you think about it. Your lawyer will walk you through the events, and take detailed notes which, in the U.S. at least, would not be discoverable in litigation. If the case proceeds far enough, you'll testify at a deposition, and your lawyer will work closely with you to make sure the truth comes out.

This does not sound like a big case. Any insurance defense lawyer has handled many just like it, so your lawyer should be able to evaluate it quickly. Many of these cases settle early in litigation because everyone recognizes the "value" considering the events, injuries, parties, and jurisdiction. In the U.S., a small percentage reach the courtroom.

In your last post, you had it right. Just call the attorney tomorrow, and cooperate fully. Do not discuss the matter with anyone but your attorney, and I'd advise you not to post anything more about it here on TB, or anywhere else. That's discoverable too, and you never know what can come back to bite you in litigation.

 

[capnsandwich]

I was just rear ended last month by a lady that works across the street from where I work. I was stopped at a light and was just about ready to go when a silver car jetted through the red light so I didn't budge, but the lady behind me thought I went and she hit me. I watched her try to take off around me but my cell phone was in my hand and I was about ready to call the cops when she finally turned into a gas station and we shared information and the cops gave her the ticket.

A month later I'm going to the chiropractor to fix a a curve in my spinal column due to the muscles spasming in my neck and shoulders from the accident, in which her insurance company is covering totally. I'm not going after anyone and I sure as heck don't get the whole idea of people taking advantage of someone else's misfortune. I know that the other guy didn't ask to be hit but I'm sure that you didn't do it on purpose so I don't understand why he would be after you for more money unless he's just a douche bag trying to get something for nothing, which is what most of this crap is about any way. I can't tell you how many phone calls and junk mail I got from lawyers and chiropractors trying to get me to sue. It's so freakin' fraudulent and I hate to see my country's justice system raped like it is today.

 

[::::BASSIST::::]

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.

All I will say further is that it is the defence lawyer for the insurance company who has contacted me.

Thanks for the insights guys.