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Being sued for accident I didn't cause - Please Help

Discussion in 'Auto Accidents, Injuries' started by Hawk99, Jul 8, 2019.

  1. Hawk99

    Hawk99 Law Topic Starter New Member

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    @mightymoose - I spoke with my rep today. She basically wanted to know if I can even spare a dollar per month, or something ridiculously low, so she can counter offer and see how they respond. The worst they can do is say no and then we continue from there, and she indicated that she always thinks it's best to try and find a resolution first. she wanted to know if I literally don't have a penny to spare, or if I just don't think that I have enough to spair that they will accept.

    She said the other option is to tell them that I literally don't have a penny per month to give, and then we move to litigation. Then my insurance co. assigns a lawyer to prepare my defense (and argue over the amount for damages being demanded, as I understood it), a new adjuster gets assigned to my case and so on.

    Then she asked me what she would like me to tell them, and I told her I would take a day or two to mull it over. She does seem to prefer the idea of trying to resolve this with a payment, and reassured me again that the other party's rep is "cool" and flexible, willing to work within our limitations, but said we can pursue either course.

    Regarding the statute of limitations and specific damages being claimed, she said the following:

    The lawsuit is about property damage only. And yes the $17,000 is all related to the car. It was a newer Mercedes so the parts are usually more expensive, but that is one of the areas we can try to argue to (insurance company's) attorney or in trial. The statute of limitations for bodily injury is 2 years from the accident date and property damage is 3 years from the accident date.

    So, basically there were no injuries. The full 17k was for their new car. They got $10,000 for repair, but potentially are just sticking their hand in my pocket for an extra 7 because they can. I don't think I can allow that without a fight (I think this guy was speeding to show off in his new car to his girlfriend), so I will go ahead and try to get a free consultation at a local firm ASAP, just to get a second opinion regarding my options.

    Thanks again for your help.
     
  2. mightymoose

    mightymoose Moderator

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    Just my opinion...
    If you don't feel responsible you don't have to offer a single penny. The burden is on them to go to court and convince a judge/jury that you are responsible. In the event they obtain a judgment against you they then have to figure out how to get paid. If you don't have it then they will have difficulty getting it.
    If you do go that far you would then have opportunity to present the argument that you did here. Maybe it helps you, maybe it doesn't, but I do know your argument would be greatly supported if you are able to get an accident investigator to review your photos and provide an expert opinion about the other party's excessive speed. They should be able to use your photos and recreate some measurements. Hopefully your photos are sufficient. Call around.
    The other party will also have to account for every one of those $17k. Who knows how much padding they have in there.
     
    Hawk99 likes this.
  3. Hawk99

    Hawk99 Law Topic Starter New Member

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    Sounds good. Much appreciated. I'll see what I can do to get an accident investigator so I know if my case is strong enough with what I have. It sounds like my insurance company will provide a lawyer, but I will see what a local attorney says as well. I might also try to find an expert who knows if the damage would realistically cost anything near that amount. Perhaps if the other party knows they have to account for that number, they will back off. I guess we will see.

    I definitely don't feel responsible or inclined to cough up money for them. They only thing appealing about that idea is that I don't want this to end up costing me a lot of time. If they accept a grand or two up front for instance, and that can be the end of it, perhaps it's worth it, because my time is extremely valuable to me. I think between my insurance reps and a local attorney, I should get an idea of what the best option will be.

    This has been very helpful. Thanks again for sharing your opinions.
     
    Last edited: Jul 10, 2019
  4. Zigner

    Zigner Well-Known Member

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    Incredible...
     
  5. flyingron

    flyingron Well-Known Member

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    Maybe this guy is available...
    [​IMG]
     
    Highwayman and Zigner like this.
  6. army judge

    army judge Super Moderator

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    Larry Archie must be one hell of a lawyer.
     
  7. Hawk99

    Hawk99 Law Topic Starter New Member

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    Six years. I repeat, SIX years I've been exiting that alleyway. Always hard to see. Sometimes there's a car coming, sometimes there isn't. Never had an accident. But this day, one of these hot shots who drives like an animal, endangering people in the neighborhood, kids all over, just to show off to his girlfriend, was going so fast and so recklessly that I couldn't detect him or avoid being hit. Now they think that I'm going to pay them the cost of an entire car to pay for their dent? Dream on.

    Also, do you think that if I did feel guilt over the results of their stupidity (which I don't) that I would admit it here? Don't talk about your case, but admit responsibility? it's funny that you guys keep trying to argue with me, as if I need to convince you. I'm only responding now because I find it amusing. I got the input I needed from a mature forum member who isn't here to get off on lecturing people, or make snarky useless comments like "please stop driving". Um, dur, okay, I'll do that. Feel good about yourself now?

    I'm tired of these assholes speeding in my neighborhood. They don't get to reach into my pocket for an extra seven grand just because there is a right-of-way legal technicality that they think they can take advantage of, assuming that I probably won't go the extra mile to prove that they were driving like a maniac and force them to account for every penny they are demanding. They got 10 grand to fix their dent. Now they can piss off, and frankly if you're only here to be self-righteous, so can you.

    Good day.
     
  8. Zigner

    Zigner Well-Known Member

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    Your streak of good luck ended on the day you pulled out in front of the oncoming traffic that wasn't able to avoid your illegal entrance on to the roadyway.

    If they have the proper evidence that the damage you caused by your negligence cost them $17,000, then yes, you should pay the $17,000.

    Ahh, yes...their stupidity for assuming that another driver wouldn't be foolish enough to pull on to the roadway in front of them.

    You go get 'em, tiger!
     
  9. Hawk99

    Hawk99 Law Topic Starter New Member

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    Do you get a boner when you see a notification that someone replied to your comment, eagerly anticipating the next exchange? Does it give you a rush? How many times do you reread your responses? If you're this committed to winning an argument that doesn't matter, I think it reflects some psychological issues you might want to get help for, my friend.

    Just take comfort in the fact that you are right: somebody driving a hundred miles an hour down a residential street has absolutely no responsibility and can completely operate on the assumption that nobody is going to be "foolish" enough to get killed by them. They have no obligation to follow the speed limit or watch where they're going so that people entering and exiting the intersections can see them on time to stop or move. That's impeccable logic, plus you were there to see it, so who cares what I think?

    I wish you the best.
     
  10. Zigner

    Zigner Well-Known Member

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    Is your contention that the other driver was traveling at 100mph? I didn't think so.
     
  11. mightymoose

    mightymoose Moderator

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    And you say that I assume facts....
    This person has not been accused of violating any law.
    That the insurance company assigned fault does not mean anything illegal was done, nor does it mean the driver was actually or legally at fault.

    Proper evidence is for a jury to determine, not an insurance company.

    Please accept my apology on his behalf.
    Lately some people here have chosen to be unhelpful and argumentative, a nuisance to those seeking help.
    There isn't much we can do in this world about people with poopy attitudes. We just have to tolerate each other.
     
  12. Zigner

    Zigner Well-Known Member

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    The OP freely admits to the violation. Not being accused of violating the law doesn't mean that it wasn't violated.
     
  13. Hawk99

    Hawk99 Law Topic Starter New Member

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    That's quite alright. Thank you for being helpful and unbiased.
     
  14. Zigner

    Zigner Well-Known Member

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    Do you know what the word "biased" means? My post have shown absolutely zero bias. My posts have also been helpful, even if you don't like what they contain. I'm sorry that I couldn't blow the appropriate smoke in the proper direction for you.
     
  15. Hawk99

    Hawk99 Law Topic Starter New Member

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    Do you know what the word butt-hurt means?
     
  16. Zigner

    Zigner Well-Known Member

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    I didn't think so.

    Best of luck to you.
     

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