Being sued!

**JonB** · 12-01-2009, 12:16 PM

Heres the story back on march 27 2007 I t-boned a guy. Sort story is it was my fault, he was perfectly fine got out of his truck walked around, picked up his tool box that fell out of his truck, stood around waiting for the police to do there thing for at least 30-45min said he did not need any medical treatment. Then about 6 months later my insurance company gets in a battle with his lawyer. Again sort story is he had 5 yes 5 accidents in the last 3 years before this one. He nor his lawyer would give my insurance company his previous medical records so they refused to pay his medical bills that were suposidly piling up from this accident. I believe they eventually gave him 15k which was all the coverage I had for medical.

Have not heard anything about this in over a year now. I was getting copies of everything that was being sent back and forth between his lawyer and my insurance company on and off for the fist year and a half. Now today I had the local sheriff come to my door and give me a summons saying that me and my dad(he was a co-signer on the loan at the time so he had to be listed on the insurance) are being sued for damages that exceed 15k. Mind you his lawyer as already tried to go after my dads insurance policy as well and got nothing. god dam I am so f'in pissed right now this is such total bs, he is just try to get money. I guess i need a lawyer now, I called my insurance company claim person that was handling my case but have not heard back yet. I really hope this guy rots in hell, he has been nothing but a pain for 3+ years now.

Heres what he claims is wrong, suffered bodily injury and resulting pain and suffering, disability, disfigurement, mental anguish, loss of capacity for the enjoyment of life, expense of hospitalization, medical and nursing care and treatment, loss of earnings, and loss of ability to earn money. WTF seriously the man walked right out of his truck, picked up a tool box that goes int he back of a pickup also bent over numerous times to pick up the tools themselves and then stood around with no problems what so ever. I am so fin pissed and fired up right now. This man is really really pissing me off. I really want to sue his ass for harrasment, mental anguish ect ect.

**Spikito** · 12-01-2009, 12:22 PM

yeah...im getting pissed just reading this. I hate frivolous suits....our legal system seriously needs help in this dept...if hes in such pain and anguish....hire a PI to follow him around

**SHines-IT** · 12-01-2009, 12:32 PM

Originally Posted by Spikito

hire a PI to follow him around

Send me a PM, I know of some top notch guys for the job if intrested. Where are you located?

***SMWS6TA*** · 12-01-2009, 12:33 PM

Talk with a Lawyer, get Dad on-board, Hire a pvt investigator check into said A-hole see if he is faking, File a counter suit for fraud. Or you can pay $20 to a crack head and problem will get solved

**1MileCrash** · 12-01-2009, 01:26 PM

talk to your lawyer and consider the private investigator thing. also request a copy of the police report from the accident. if it's in the police report that he felt fine and refused medical treatment then he doesn't have much to stand on.

**gd1996** · 12-01-2009, 01:29 PM

I got sued earlier this year from a guy that punched me... he couldn't get anything else and I never touched him, but he put in a case with me and two other guys. One was one of the guys that beat him up after hitting me. Someone how won, but for less than 10% of what he was after. Even if you lose, not sure what they can do to actually make you pay. I was suppose to pay like 250 and never did. I think it would cost more for him to come after me and being I didn't hit him, or the one other of the 2 that didn't pay, he couldn't get us all again together and knew he'd lose. It's realyl stressful just dealing with it all and it sucks!

**gd1996** · 12-01-2009, 01:31 PM

Originally Posted by 1MileCrash

talk to your lawyer and consider the private investigator thing. also request a copy of the police report from the accident. if it's in the police report that he felt fine and refused medical treatment then he doesn't have much to stand on.

You would think thats how it works, but it doesn't... the guy that sued us refused any medical attention when the cops and ambulance showed up, then next day went to the dr and got medical attention and based on the costs is what we were expected to pay.

I think its all corrupt... and people get away with so much.

**1MileCrash** · 12-01-2009, 01:49 PM

yeah that's bogus

**irbaboon** · 12-01-2009, 03:41 PM

And this is why our country is going down the tubes

**SeVeReDiStOrTiOn** · 12-01-2009, 04:02 PM

I hope he dies from ass cancer

+ whatever on the PI...catch this fucker on a trampoline with his kids.

**pajeff02** · 12-01-2009, 04:11 PM

Your insurance company should provide you with counsel. Take a copy of the summons or complaint to your insurance agent immediately and fax or drop off a copy to the insurance company attorney who has handled the matter thus far. Also, do not post anything further about the accident in a public forum. Anytime I see this stuff on here I strongly recommend that the thread be deleted. You can check with the attorney, but I am sure that he or she will agree.

**superfastls1** · 12-01-2009, 04:50 PM

How did your insurance company pay him $15k and not get a release? I would think you would be off the hook already since he basically "settled".

**pajeff02** · 12-01-2009, 05:33 PM

Originally Posted by superfastls1

How did your insurance company pay him $15k and not get a release? I would think you would be off the hook already since he basically "settled".

Med pay does not equal settlement. Probably paid under a reservation of rights with no admission of liability.

**JonB** · 12-01-2009, 06:19 PM

Originally Posted by superfastls1

How did your insurance company pay him $15k and not get a release? I would think you would be off the hook already since he basically "settled".

Sorry I was mistaken, they offered him 5k about a year and a half ago, which if he had excepted it would have been done and over with but he did not take it. This was the last thing I heard about the case. He has since gotten another lawyer than the one he had before when that offer was put on the table.

I have contacted my insurance but only left a message with the women that was handling this before. If I do not hear back from her tommorow I am going to start calling till I can get someone that can help. Once I get someone from the insurance company I will fax them a copy of the summons as they requested it in the last thing I got from them if he did not except the 5k and litigation persued. I contacted my partents as they are involved and my mom contacted a friend who is a lawyer(out of state) but told us that the insurance should provided representation but to also at least get a consult with a private lawyer. In which my mom has another lawyer friend from church that is in town that will help. This guy from what we were told has one of the lawyers from the 1-800 commercials on tv and ads in the phone book that will take any accident case. I really do want to get a PI but my mom said just let it be and let the insurance company handle it. I really want this guy to burn this thing has been hanging over my head for 3 years now. Every time I think its done and over I get some new paper work about it, its really fin pissing me off.

This guy really has no ground to stand on. I looked back at all the paper work that went back and forth between his orginal lawyer and my insurance and he does indeed have 4 accidents prior to this one. Has yet to provide any medical records from any of the previous accidents or medical records period to prove that non of his ailments were pre-existing. When he is forced to provide them my mom will be disecting them as she has done it for years for insurance companies and also for the state.

**superfastls1** · 12-02-2009, 03:51 AM

They probably offered $5,000 to make it go away. Doesn't sound like he has much of a case. (Which may be why the other lawyer jumped ship?)

Your insurance company should provide you a legal defense which shouldn't go against your insurance limits. You should take a look at your policy to be sure.

Anyway, sounds like you are in good hands between the attorney friend and your mom.

Keep us posted!