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Old 10-14-2003, 11:33 AM   #1
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Has Anyone Ever Been Sued?

I'm not sure if this is the right place to post this, but I'm going through a bit of a crisis at the moment.

My aunt showed me a letter from our insurance company a few days ago saying she's going to be summoned for a car accident she was involved in. Well...she hasn't been in an accident in a long time. But I was in one two years ago. At the time, I was on her insurance policy, but the car was in my name. The accident was not my fault. Well, not totally anyway.

I was making a left turn, and was pulled out into the intersection. The light turned yellow, the cars stopped and I started to turn. Next thing I knew, I got hit. A guy riding a Kawasaki motorcycle was speeding in the right line and smashed into my car. He hit it right between the passenger side door and the back door. Totalled my car. I wasn't driving any small, plastic deal either. I had a 1985 Oldsmoblie Cutlass Ciera. A fairly sturdy car. There was nothiing left of it. The guy flipped over the roof of my car and landed across the street where I was turning down. He was okay...he had a helmet on, thank God. I don't think I've ever been that afraid before though. That was the only accident I was ever involved in. The police ruled it as both of our faults. Mine because when you're making a left turn, you're supposed to take more responsibility. And his because he was speeding.

So, my aunt called the insurance company this morning and we're being sued personally. Her because she's the one that insured me and me because I was in the accident. I'm not even sure how this works. They're going to issue a summons to us then we have to send it to the insurane company. I can still be called in to defend myself.

Everyone keeps telling me it wasn't my fault...but I feel like it was. Even the police ruled that we were both equally at fault. It's just hard for me not to feel guilty because of this. I don't know what's going to happen and I think that's the scary part.

Does anyone know how this works exactly? They keep telling me not to worry that the insurance company will take care of it. But I'm still REALLY worried.
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Old 10-14-2003, 11:44 AM   #2
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Well, everyone telling you not to worry is right...your insurance company WILL handle this for you. Just cooperate fully and let their lawyers take care of it. Even though the summons is addressed to you, technically your insurance company is being sued. They owe you a defense...this is why you have insurance in the first place.

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Old 10-14-2003, 11:49 AM   #3
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Thank you BAW. I'm going to try not to worry. I've just been afraid of this happening for two years and now it is. It's really just unnerving.
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Old 10-14-2003, 12:02 PM   #4
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I've gone through this before. You send the matter to your insurance company (tendering the defense). They will handle everything for you; most insurance companies have a couple of law firms on retainer to handle cases like this one. They probably have already set aside money to settle the matter.

It is unnerving, especially when you feel like you haven't done anything wrong. The motorcyclist probably got himself a lawyer and they are after a big chunk of money (usually, the policy limits on your mom's insurance policy) for any actual damages (medical bills) and the ever elusive "pain & suffering".

I got sued by a bicyclist who ran in to the back of my parked car. The guy did not look up of over half a mile. I even honked twice when I noticed he wasn't looking. The insurance company settled the case.
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Old 10-14-2003, 12:06 PM   #5
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Thanks nbcrusader That makes me feel better too. I've been over reacting I suppose, lol.
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Old 10-14-2003, 12:13 PM   #6
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Obviously, Doug didn't read the No Parking Anytime sign while he was stopped in the Bike Lane!!!
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Old 10-14-2003, 12:14 PM   #7
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Sorry to hear you are having to deal with this.

Yes, let the Insurance Company handle this. Sounds like this guys is just trying to cheat the system and make some money....what a jerk.
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Old 10-14-2003, 12:16 PM   #8
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I was in an accident when I was 16. Rainy and I rear-ended a guy. All I did was dent his bumper, I was going maybe 20 at the most. Well two days before the statute of limitations ran out I got a summons. The guy was suing for 50,000 for pain and suffering. Remind you I dented his bumber, he had a Suburban, the total cost of repairs was 800. Anyways my insurance settled out of court for 3,000, and my insurance didn't even go up...
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Old 10-14-2003, 12:20 PM   #9
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Quote:
Originally posted by Lemon Meringue
Sorry to hear you are having to deal with this.

Yes, let the Insurance Company handle this. Sounds like this guys is just trying to cheat the system and make some money....what a jerk.

Mama Neeta.

It does seem that way.
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Old 10-14-2003, 12:22 PM   #10
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Quote:
Originally posted by BonoVoxSupastar
I was in an accident when I was 16. Rainy and I rear-ended a guy. All I did was dent his bumper, I was going maybe 20 at the most. Well two days before the statute of limitations ran out I got a summons. The guy was suing for 50,000 for pain and suffering. Remind you I dented his bumber, he had a Suburban, the total cost of repairs was 800. Anyways my insurance settled out of court for 3,000, and my insurance didn't even go up...

Wow. People are really all about getting money aren't they?
Glad things worked out for you.
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Old 10-15-2003, 11:39 PM   #11
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hmmm

Two things come to mind...one, the yellow signifies to clear the intersection and two; green means to proceed with caution only after the intersection is clear. I would leave the legal jargon to your insurance company...traffic law isn't an avenue I would venture into and they are really big books.

I did learn a little known fact though..in my ...uhhhh..."'a'spensive defensive driving class of trivial pursuit information on traffic law'...lol one that teaches me NOT to drive fast on the beeline even though it is a really beautiful day or they will ticket me next time..that there is (at the time of the class) no law covering right of way for that right-side of a double left turn lane in Arizona...or the vehicle in it if it's struck...(use the far left lane)
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Old 10-16-2003, 11:13 AM   #12
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Quote:
Originally posted by Mr. BAW
Obviously, Doug didn't read the No Parking Anytime sign while he was stopped in the Bike Lane!!!
Actually, my car stalled. I pulled over with hazard lights flashing.
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Old 10-16-2003, 02:27 PM   #13
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i've never been sued, but i did get a court order to be a witness in a hit and run case.

i got out of it, luckily, because the case was settled out of court.

but i was scared to go in fear of being whacked.
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