I'm being sued for a car accident from two years ago...

[MisterJackson]

Her back should be messed up after this, what with the shaft up her arse and all

 

[brxndxn]

OP, you're about to get owned. As far as I'm concerned, you should not have rear-ended her unless someone rear-ended you. There's no excuse. If you rear-ended someone, you were following too closely and you should've paid attention.

I got rear-ended in 2002. For the first few weeks after the accident, I was pretty much numb. Then pain set in. Then headaches. Then tightness in the neck/back area, horrible pain, numbness in my fingers and toes.. And now in 2007, long after everything is 'settled', the cars are repaired, the bills were paid, the pain is still there. And, I am still getting treatment for it. But, could you take pictures of me taking out the trash with a smile on my face during since 2002? OF COURSE. Could you take a picture of me playing tennis? Sure.. Bowling? Yup.

Can you take a picture of me heading a soccer ball into a goal now? NO. Can you take a picture of me writhing in pain the next day after playing tennis? Probably not.. though I do.

People seldom take pictures of their lives when they're in pain or miserable. Also, it's pretty much safe to say that even if she was in horrible pain for two years straight, you could snap hundreds of pictures of her smiling during that time.

Life does not stop after a car accident. And for you to instantly believe everything is frivolous because you saw pictures of her on Myspace doing activities that ANYONE would do in a two-years time, it shows you're inconsiderate.

I can still do a lot even though I live with every-day neck/back pain. All I can say is that you'll change your mind about 'frivolous' law suits when you get rear-ended.

And, for the record, I did NOT choose to sue.. and I was forced into settling for an amount that will probably not pay my medical bills related to this accident.

 

[maximus maximus]

Originally posted by: MercenaryForHire
Sidebar: Get a studly friend to seduce her, and have him videotape the two of them having freaky sex in all sorts of positions that someone with "severe back and neck pain" couldn't possibly accomplish. Present to her lawyers.

- M4H

*raises hand and waves vigorously*
i volunteer... i volunteer

 

[Red]

Originally posted by: maximus maximus
how can you prove that the photos are not over 2 years old?

she just asked a friend that is she wanted to go ice skating, which does not necessarily mean she went skating.

I am just trying to think like a lawyer and figure out any loopholes in your statements.
BTW, IANAL.

There are articles on the university website detailing her trip in late 2005/early 2006... about a year after the accident. Also, many of her photos on MySpace have the camera date on them.

 

[tfinch2]

Originally posted by: broshiggie
did you expect to find pics of her bedridden on myspace?

LOL @ mental images

 

[MercenaryForHire]

Originally posted by: Red
M4H, That's exactly what I've done.... I sent them her MySpace link because it's a public profile. I also saved all of the pictures and screen shots and posted them on my site because I didn't want to have to e-mail a dozen high res photos/screen shots to the attorney. I laid it out for them nicely with thumbnails and captions on a basic web page =)

outstanding.jpg

Also, :laugh: at your license plate.

- M4H

 

[Red]

Originally posted by: brxndxn
OP, you're about to get owned. As far as I'm concerned, you should not have rear-ended her unless someone rear-ended you. There's no excuse. If you rear-ended someone, you were following too closely and you should've paid attention.

Not that it matters, but I was not cited for the accident because she told the police officers it was her mistake because she cut in front of me and had to slam her brakes on because of traffic. My insurance still had to pay for her medical bills and her car because I hit her. I never made an excuse, so I'm not sure why you're playing that card?

I got rear-ended in 2002. For the first few weeks after the accident, I was pretty much numb. Then pain set in. Then headaches. Then tightness in the neck/back area, horrible pain, numbness in my fingers and toes.. And now in 2007, long after everything is 'settled', the cars are repaired, the bills were paid, the pain is still there. And, I am still getting treatment for it. But, could you take pictures of me taking out the trash with a smile on my face during since 2002? OF COURSE. Could you take a picture of me playing tennis? Sure.. Bowling? Yup.

It sounds like a very sad story and I'm sorry you were in an accident. However, fraud exists and well. My insurance did pay for her minor medical bills and for her car to get fixed. I'm assuming she is now suing for pain and suffering two years later because her statute of limitations (2 years) was about to run out.

Can you take a picture of me heading a soccer ball into a goal now? NO. Can you take a picture of me writhing in pain the next day after playing tennis? Probably not.. though I do.

People seldom take pictures of their lives when they're in pain or miserable. Also, it's pretty much safe to say that even if she was in horrible pain for two years straight, you could snap hundreds of pictures of her smiling during that time.

Life does not stop after a car accident. And for you to instantly believe everything is frivolous because you saw pictures of her on Myspace doing activities that ANYONE would do in a two-years time, it shows you're inconsiderate.

It's not inconsiderate... I'm trying to avoid my old insurance company from having to pay for a frivolous lawsuit. I'm trying to protect my father and myself from any lawsuits or judgments in case the insurance doesn't settle with her as well.

I can still do a lot even though I live with every-day neck/back pain. All I can say is that you'll change your mind about 'frivolous' law suits when you get rear-ended.

And, for the record, I did NOT choose to sue.. and I was forced into settling for an amount that will probably not pay my medical bills related to this accident.

I don't have a problem at all with having her medical expenses paid because of an accident that was deemed my fault. However, I don't think people should get a lump sum of money for "pain and suffering" and don't spend the money on pain and suffering. I've had two acquaintances get lump sums of money for pain and suffering. Both of them used the money to buy stuff... not medical visits, physical therapy, etc. I'm certain there was some ongoing pain involved from the accident, but it was like winning a small lottery for both of them.

It upsets me because insurance is costly.

 

[MisterJackson]

Originally posted by: maximus maximus

Originally posted by: MercenaryForHire
Sidebar: Get a studly friend to seduce her, and have him videotape the two of them having freaky sex in all sorts of positions that someone with "severe back and neck pain" couldn't possibly accomplish. Present to her lawyers.

- M4H

*raises hand and waves vigorously*
i volunteer... i volunteer

He said STUDLY

 

[otispunkmeyer]

Originally posted by: moshquerade

Originally posted by: Quasmo
This happened to me too. What is really aggrevating, is that the police gave her preferential treatment. When I hit her, her 5 year old son wasn't buckled in, and was dancing around in the back of the car without a seat belt on. But he wasn't injured, why did she have back and neck pain?

this is why car insurance is so freakin high. people almost automatically sue for neck/back pain. when i was in an accident a few years ago (the other guy's fault) the first thing a friend of mine from DC said, "you gonna sue?"

wow

although the UK is gettin more and more like the US these days, most car accidents i have been in and/or seen the two people are out and, first after checking if each other is ok, they get their insurance details out then one of them will start taking complete blame.

its, 9 times out of 10, a very courteous and polite affair lol

 

[mercanucaribe]

Originally posted by: moshquerade

Originally posted by: Quasmo
This happened to me too. What is really aggrevating, is that the police gave her preferential treatment. When I hit her, her 5 year old son wasn't buckled in, and was dancing around in the back of the car without a seat belt on. But he wasn't injured, why did she have back and neck pain?

this is why car insurance is so freakin high. people almost automatically sue for neck/back pain. when i was in an accident a few years ago (the other guy's fault) the first thing a friend of mine from DC said, "you gonna sue?"

No, it's high because that's how they make money. They are charging you as much as they can, no matter how many people sue.

 

[mugs]

Originally posted by: maximus maximus
how can you prove that the photos are not over 2 years old?

she just asked a friend that is she wanted to go ice skating, which does not necessarily mean she went skating.

I am just trying to think like a lawyer and figure out any loopholes in your statements.
BTW, IANAL.


On the other hand, you should check if she has had any recurring medical expenses in the past 2 years related to back / neck by visiting the doctor. Ask her for proof / bills.

How can she prove that any problems she is having is ONLY because of the accident? She may have met with some other kind of accident for which she is trying to milk you. How can she prove that your accident caused all her health problems and not something else?

why were you not informed ASAP? Why were you informed about this a couple of years after the accident?

Contrary to popular belief, judges are not stupid.

 

[ElFenix]

Originally posted by: otispunkmeyer

wow

although the UK is gettin more and more like the US these days, most car accidents i have been in and/or seen the two people are out and, first after checking if each other is ok, they get their insurance details out then one of them will start taking complete blame.

its, 9 times out of 10, a very courteous and polite affair lol

most are that way as well, i'd imagine. at least for little taps.

as much as the US likes to complain about it's litigious society, we're no where near as litigious as England in the 14/1500s

 

[mugs]

Originally posted by: mercanucaribe

Originally posted by: moshquerade

Originally posted by: Quasmo
This happened to me too. What is really aggrevating, is that the police gave her preferential treatment. When I hit her, her 5 year old son wasn't buckled in, and was dancing around in the back of the car without a seat belt on. But he wasn't injured, why did she have back and neck pain?

this is why car insurance is so freakin high. people almost automatically sue for neck/back pain. when i was in an accident a few years ago (the other guy's fault) the first thing a friend of mine from DC said, "you gonna sue?"

No, it's high because that's how they make money. They are charging you as much as they can, no matter how many people sue.

Car insurance is a pretty competitive industry, and competition is based largely on price (also on customer service). They advertise that they'll save you money compared to their competitors, and many (or even most) people buy their car insurance based solely on price.

So yes, they charge as much as they can, but competition keeps prices down. Insurance fraud DOES cost everyone money.

 

[JeffreyLebowski]

Originally posted by: brxndxn
OP, you're about to get owned. As far as I'm concerned, you should not have rear-ended her unless someone rear-ended you. There's no excuse. If you rear-ended someone, you were following too closely and you should've paid attention.

I got rear-ended in 2002. For the first few weeks after the accident, I was pretty much numb. Then pain set in. Then headaches. Then tightness in the neck/back area, horrible pain, numbness in my fingers and toes.. And now in 2007, long after everything is 'settled', the cars are repaired, the bills were paid, the pain is still there. And, I am still getting treatment for it. But, could you take pictures of me taking out the trash with a smile on my face during since 2002? OF COURSE. Could you take a picture of me playing tennis? Sure.. Bowling? Yup.

Can you take a picture of me heading a soccer ball into a goal now? NO. Can you take a picture of me writhing in pain the next day after playing tennis? Probably not.. though I do.

People seldom take pictures of their lives when they're in pain or miserable. Also, it's pretty much safe to say that even if she was in horrible pain for two years straight, you could snap hundreds of pictures of her smiling during that time.

Life does not stop after a car accident. And for you to instantly believe everything is frivolous because you saw pictures of her on Myspace doing activities that ANYONE would do in a two-years time, it shows you're inconsiderate.

I can still do a lot even though I live with every-day neck/back pain. All I can say is that you'll change your mind about 'frivolous' law suits when you get rear-ended.

And, for the record, I did NOT choose to sue.. and I was forced into settling for an amount that will probably not pay my medical bills related to this accident.

Can you hear that? It's the worlds smallest violin playing the worlds saddest song. I live in pain everyday due to injuries received playing football and hockey. Should I sue the people I played against because of it? It's life get over it.

If you didn't get money upfront for it and you "settled" that is your fault no one elses.
As far as the OP goes, fight it tooth and nail. It's obvious she is trying this as the statute is
running out.

 

[Vic]

Originally posted by: mercanucaribe

Originally posted by: moshquerade

Originally posted by: Quasmo
This happened to me too. What is really aggrevating, is that the police gave her preferential treatment. When I hit her, her 5 year old son wasn't buckled in, and was dancing around in the back of the car without a seat belt on. But he wasn't injured, why did she have back and neck pain?

this is why car insurance is so freakin high. people almost automatically sue for neck/back pain. when i was in an accident a few years ago (the other guy's fault) the first thing a friend of mine from DC said, "you gonna sue?"

No, it's high because that's how they make money. They are charging you as much as they can, no matter how many people sue.

Actually, competition forces car insurance companies to charge less than the cost of the claims. Just one major accident can easily cost more than you'll pay in premiums in your entire life. They make their money on the margin, i.e. on the money they hold between taking in the premiums and paying out the claims.

edit: Try the math, it's simple. A $100k claim (think a couple of totalled newer cars and a few injuries plus pain-and-suffering payouts) would take 50 years for the insurance company to recoup at ~$165/mo. premiums (which is higher than what most drivers pay BTW). The accident only stays on the driver's record for 3 years.

 

[JS80]

Originally posted by: Red
Some of you may remember that I was in a car accident two years ago and I totaled my '97 Infiniti I30. The girl I rear-ended was driving a newer Honda Civic and her car suffered minor damage. She drove away from the accident (no ambulance called) while I obviously had to have my car towed.

Anyway, that was the end of the story or so I thought. I received a call from an attorney's office saying they are representing me, on behalf of my old insurance company, because the girl involved in the accident in January of 2005 is suing me. For what, I'm not sure... probably pain and suffering or something. My attorney did say the girl is claiming to have had some "extensive back/neck/head" problems because of the accident two years ago.

Well, as soon as this attorney advised me of the situation, I asked for the girls name and I found her on MySpace. She was an anthropology major at my school, and I found articles and pictures of her traveling to different countries... excavating sites, kneeling down taking samples, climbing trees, reaching the top of Mexican temples, going on boat rides, etc. Her MySpace page also has pictures of her posing... I also found (and took screenshots) of where she posted comments a few weeks ago asking her friends to go ice skating and other stuff. Furthermore, I saved photos of her partying and dancing with friends.

Sounds like her back/neck/head haven't been doing so poorly the past two years.

Should I have much to worry about because of this evidence? I despise frivolous lawsuits.

please be sure to update us on the pwnage to follow. thanks.

 

[Aikouka]

Originally posted by: broshiggie
did you expect to find pics of her bedridden on myspace?

It's myspace, the more emo the pictures the better.

 

[1sikbITCH]

Originally posted by: mugs

Originally posted by: maximus maximus
how can you prove that the photos are not over 2 years old?

she just asked a friend that is she wanted to go ice skating, which does not necessarily mean she went skating.

I am just trying to think like a lawyer and figure out any loopholes in your statements.
BTW, IANAL.


On the other hand, you should check if she has had any recurring medical expenses in the past 2 years related to back / neck by visiting the doctor. Ask her for proof / bills.

How can she prove that any problems she is having is ONLY because of the accident? She may have met with some other kind of accident for which she is trying to milk you. How can she prove that your accident caused all her health problems and not something else?

why were you not informed ASAP? Why were you informed about this a couple of years after the accident?

Contrary to popular belief, judges are not stupid.

1. During discovery, the defense attorney will have subpoenaed all medical records in the case. He will discover how much treatment there has been and what it was related to. The entire case centers around the medical treatment and how much the bills were.

2. The plaintiff will certainly have doctors lined up stating that the injuries were a result of or aggravated by the accident. If they didn't, there would be no lawsuit.

3. Judges may not be stupid. However, juries are.

 

[EKKC]

another reason why some shameless lawyers should be executed like an animal

 

[JS80]

Originally posted by: JeffreyLebowski

Originally posted by: brxndxn
OP, you're about to get owned. As far as I'm concerned, you should not have rear-ended her unless someone rear-ended you. There's no excuse. If you rear-ended someone, you were following too closely and you should've paid attention.

I got rear-ended in 2002. For the first few weeks after the accident, I was pretty much numb. Then pain set in. Then headaches. Then tightness in the neck/back area, horrible pain, numbness in my fingers and toes.. And now in 2007, long after everything is 'settled', the cars are repaired, the bills were paid, the pain is still there. And, I am still getting treatment for it. But, could you take pictures of me taking out the trash with a smile on my face during since 2002? OF COURSE. Could you take a picture of me playing tennis? Sure.. Bowling? Yup.

Can you take a picture of me heading a soccer ball into a goal now? NO. Can you take a picture of me writhing in pain the next day after playing tennis? Probably not.. though I do.

People seldom take pictures of their lives when they're in pain or miserable. Also, it's pretty much safe to say that even if she was in horrible pain for two years straight, you could snap hundreds of pictures of her smiling during that time.

Life does not stop after a car accident. And for you to instantly believe everything is frivolous because you saw pictures of her on Myspace doing activities that ANYONE would do in a two-years time, it shows you're inconsiderate.

I can still do a lot even though I live with every-day neck/back pain. All I can say is that you'll change your mind about 'frivolous' law suits when you get rear-ended.

And, for the record, I did NOT choose to sue.. and I was forced into settling for an amount that will probably not pay my medical bills related to this accident.

Can you hear that? It's the worlds smallest violin playing the worlds saddest song. I live in pain everyday due to injuries received playing football and hockey. Should I sue the people I played against because of it? It's life get over it.

If you didn't get money upfront for it and you "settled" that is your fault no one elses.
As far as the OP goes, fight it tooth and nail. It's obvious she is trying this as the statute is
running out.

I stomp and squash that violin. :roll: @ brxndxn

 

[Kanalua]

Let the lawyer worry about it. I wouldn't worry about anything, that's why you purchased auto insurance. The insurance company will likely settle, and the plaintiff will not likely sue for more than your coverage, regardless of whether there are pics of her doing her thing post accident.

People hate lawyers, but this is a good example of why the world needs lawyers more than they realize.

 

[SirStev0]

Originally posted by: child of wonder
The same thing happened to my wife. The insurance company will likely settle with her and that's the end of it.

And you get boned. Happened to a former employer 3 days before the limitation. Lady who he bumped into (didn't even have a fender bender, it was a bump) says she has severe back and neck pain. As it turns out she caused a major accident a few weeks before the little bump, she is saying the little bump compounded her injuries. He was getting sued for an exorbanent amount of money (like 100k, I believe) and the insurance company refused to back him unless they settled out of court. They gave her a bunch of money, jacked up his rates and after a year dropped him.

 

[MX2]

MySpace is turning into a great investigative evidence tool

 

[sandorski]

Pics on mySpace(or anywhere else) are unlikely to mean anything. She may be able to do all these things and still have a bunged up back/neck. Medical Records and how much drugs she takes probably will be the deciding factor.

 

[Arcex]

It sounds like you've done all you can, turn it over the the lawyers and let them handle everything. If she contacts you in anyway do not engage her in conversation, notify your lawyer immediately. If her lawyer tries to contact you (they won't, it's a big ethics no no for them to contact you without going through your lawyer) same thing, don't talk to them and notify your lawyer. Other than that keep your head down and wait for it to blow over.