I'm getting sued?

weflyhigh

Senior member
Jan 1, 2007
971
1
81
july 09 I got in a car accident... I was coming up to a red light, one car waiting at light. it turned green, car started going (foot off brake) and then stopped again in the intersection and I rear-ended the girl

called the cops then went and checked damage.

her bumper fell off

my car was almost undamaged (two nonfunctioning fog lights popped out of socket, that's it)

cops arrived, took a report, and then we all drove away (she put bumper into backseat of car)
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then, a week or two later, I was standing out front of my girlfriend's house late at night with her and a cop drives up to us. Asks if we are over 18 (we both were). I show him my license and he goes "hey I know you". It was the same cop from the accident. He starts talking about the accident and how it was suspicious. He thought that maybe the girl had been drinking (11 pm. wearing a skimpy dress. didn't get out of car once even to check damage. didn't say much)

-----------------

just today I received a letter saying I was being sued for $4000 from that accident



I thought insurance covered all of this (we have very good coverage)?

I think I'll drive to the police department tomorrow and get a copy of the police report

anything else I should do?
 

zerocool84

Lifer
Nov 11, 2004
36,041
472
126
Tell the insurance company that the movie Avatar angered you and they'll drop I'm sure.
 

Scotteq

Diamond Member
Apr 10, 2008
5,276
5
0
just today I received a letter saying I was being sued for $4000 from that accident



I thought insurance covered all of this (we have very good coverage)?

I think I'll drive to the police department tomorrow and get a copy of the police report

anything else I should do?


Just Refer the letter to your insurance company.
 

Juddog

Diamond Member
Dec 11, 2006
7,852
6
81
Write in admitting that you were tailgating in a rage after watching Avatar, and I'm sure they will forgive you.
 

Schadenfroh

Elite Member
Mar 8, 2003
38,416
4
0
July 09 and they are just now trying to slap a lawsuit on you?

Also, hope the cop mentioned in the report that she was drunk, but it sounds like he did not even check.
 

ShawnD1

Lifer
May 24, 2003
15,987
2
81
July 09 and they are just now trying to slap a lawsuit on you?

Also, hope the cop mentioned in the report that she was drunk, but it sounds like he did not even check.

If they are suing after more than a year, it's probably insurance fraud. She ran out of crack money and she is suing everyone she can think of.
 

Texashiker

Lifer
Dec 18, 2010
18,811
197
106
Just Refer the letter to your insurance company.

This, and nothing else.

You pay your insurance for a reason, now its time to get your moneys worth.

They may not believe the Avatar defense, use Iron Man 2 instead. Tell them you were so mad about how the movie changed Iron Mans chest piece from round to triangle, that you went into a road rage. After you explain things, they will forgive you. Everyone knows Iron Man 2 pissed off the loyal Iron Man comic book fans with that stupid triangle chest piece.
 
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sactoking

Diamond Member
Sep 24, 2007
7,547
2,759
136
If they are suing after more than a year, it's probably insurance fraud. She ran out of crack money and she is suing everyone she can think of.

It's likely fraud, but not b/c she ran out of crack. Fraud like this takes planning and isn't something you just do spur of the moment.

Let's see:
Sudden stop at intersection for no reason
Minimal damage to her vehicle
Minimal damage to your vehicle
She doesn't exit the vehicle to inspect
Lawsuit after a year

I would bet that she has been seeing a chiropractor on and off for over a year milking a "whiplash" claim.

Take the lawsuit to your insurer and they should handle it from there. Be sure to ask the claims adjustor if she had previously filed a BI claim against you. If not I'd bet your insurance denies immediately and moves to dismiss. In most jurisdictions a claimant has to notify the insurer 'in a timely fashion' so that the insurer can adequately investigate. By waiting she may have compromised your representative's ability to do a thorough and timely investigation and mitigate the losses to you.

If she did file a claim, she can pretty much disappear until the statute of limitations is close to running out. In that case your insurer will look at her bills and records and determine if she's owed anything.

I'd bet that somewhere in her chiro records she's complaining of lumbar pain. I can tell you that it's 99.9% physically impossible to get a lumbar injury from a low-speed rear-ender. That's another big sign of fraud.
 

Jeeebus

Diamond Member
Aug 29, 2006
9,180
897
126
If they are suing after more than a year, it's probably insurance fraud. She ran out of crack money and she is suing everyone she can think of.

While that may be the case, there is a statute of limitations on pretty much any cause of action one can sue for. Just because somebody waits until the day before the limitations period runs does not mean there is something nefarious going on.
 

WelshBloke

Lifer
Jan 12, 2005
30,981
8,698
136
... I was standing out front of my girlfriend's house late at night with her and a cop drives up to us. Asks if we are over 18 (we both were)...

Off topic, but why would a cop randomly ask your age for standing in the street?
 

airdata

Diamond Member
Jul 11, 2010
4,987
0
0
Just Refer the letter to your insurance company.

They have no case if everything is as you said.


But who knows... I sued this person a few years ago for a hit n run on my 2 day old 2005 civic. had 100% proof that it was their car but I lost because I didn't see who was driving the car... so anything can happen w\ lawsuits I guess.

So, if you're in texas... feel free to do $3k damage to somebodies car and drive off with no repercussions.
 
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