hey guys....
i know this is completely off topic, but this is drying me up pretty badly... so can you guys help me out?
okay about a year ago, i got into a very minor accident on the freeway. my car didn't even get a scratch... his car's plastic under skirt was nudged in a bit.... so my insurance company paid off $400 or something around there.
now's this punk's sueing me for MORE than $25,000 for hospital stays and stuff like that.
by the way, this happened in north california, and i live in southern california now...
details:
three cars were involved in the accident. first one stopped hard, second car hit the first one pretty hard.... then i couldn't stop in time so i hit the second car very gently. the second guy is sueing me. i was the third (last) car.
i do remember signing something from the insurance company without knowing what it was.... that was very stupid of me.... but anyway.... how should i pursue this.... you can ask me for any details you want...
do i just give the court summon to the insurance company? or a traffic lawyer? i'm no longer covered in their insurance policy... but should i go to their local office with the summon note anyway?
thanks guys.
any good traffic lawyers?
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Ralf Hutter
- SPCR Reviewer
- Posts: 8636
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I can't say with certainty about CA laws, but you should first approach your insurance company about the summons. However, I'd recommend that you first find out exactly what it was you signed. If it was a waiver that the insurance company is no longer responsible for any future claims on that accident, then you have a bit of a hassle ahead. Otherwise, if you signed nothing to that effect, then they should still pick up the tab because the car was insured by them at the time of the accident.
However, assuming that you did sign a waiver or contract imparting said language, then you will need to either find an attorney or defend yourself, in pro per.
Don't fret too much about this. Gathering from what you said, it doesn't sound like this jerk has much of a case. You need to remember whether there were ambulances at the scene, and whether he went to the hospital directly after the accident. If not, then he'd have a very difficult time proving that you caused his injuries. If he's claiming $25,000 in hospital fees and damages, then he'd have to prove that these bills and damages are directly related to an injury for which you are responsible.
Long story short--He needs to prove that you caused his injuries, and that these injuries are in fact as they are stated. He also needs to prove in detail any damages he's incurred because of the injuries. Any and all doubts will come up during and after deposition and discovery.
The negative side-effect about this, however, is that you will need to cough up money for legal defence. You're better off paying for a reputable attorney, but if you're strapped for cash, then I'm sure you can find free legal defence clinics in your area.
-a
Disclaimer: I am not an attorney and the above post in no way amounts to my practicing law--this is my opinion of the situation offered as my experience as a student, not a professional.
However, assuming that you did sign a waiver or contract imparting said language, then you will need to either find an attorney or defend yourself, in pro per.
Don't fret too much about this. Gathering from what you said, it doesn't sound like this jerk has much of a case. You need to remember whether there were ambulances at the scene, and whether he went to the hospital directly after the accident. If not, then he'd have a very difficult time proving that you caused his injuries. If he's claiming $25,000 in hospital fees and damages, then he'd have to prove that these bills and damages are directly related to an injury for which you are responsible.
Long story short--He needs to prove that you caused his injuries, and that these injuries are in fact as they are stated. He also needs to prove in detail any damages he's incurred because of the injuries. Any and all doubts will come up during and after deposition and discovery.
The negative side-effect about this, however, is that you will need to cough up money for legal defence. You're better off paying for a reputable attorney, but if you're strapped for cash, then I'm sure you can find free legal defence clinics in your area.
-a
Disclaimer: I am not an attorney and the above post in no way amounts to my practicing law--this is my opinion of the situation offered as my experience as a student, not a professional.
hey guys, thanks for the replies.
i talked with the state farm today and they said 'they'll take care of it'. hopefully it's as simple as their words... so yea.. hopefully, that's the end of that. insurance company denied his medical claim back then, and now he's sueing me as an individual... statefarm said it'll take care of that as well.... too bad i lost statefarm insurance cause of few reckless driving in my stupid days cause they've been really great... well i'll keep u guys updated.
there was no ambulances or anything like that...
i talked with the state farm today and they said 'they'll take care of it'. hopefully it's as simple as their words... so yea.. hopefully, that's the end of that. insurance company denied his medical claim back then, and now he's sueing me as an individual... statefarm said it'll take care of that as well.... too bad i lost statefarm insurance cause of few reckless driving in my stupid days cause they've been really great... well i'll keep u guys updated.
there was no ambulances or anything like that...
Happy New Year
Excellent. I was hoping you would say that the insurance was taking care of it. This guy sounds like a real loser. He probably called up a questionable attorney, who's fee is dependent on winning, and is just trying to make some money off of the situation. But, fortunately, he'll probably lose against State Farm (I doubt they will settle this), and have to pay the court fees.
Good luck!
-a
Excellent. I was hoping you would say that the insurance was taking care of it. This guy sounds like a real loser. He probably called up a questionable attorney, who's fee is dependent on winning, and is just trying to make some money off of the situation. But, fortunately, he'll probably lose against State Farm (I doubt they will settle this), and have to pay the court fees.
Good luck!
-a