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Can I be sued for lost wages if there was no injuries?

Discussion in 'Auto Accidents, Injuries' started by Artbell, Jan 12, 2014.

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  1. Artbell

    Artbell Law Topic Starter New Member

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    I hit a parked car in texas. No one was in the vehicle. My insurance coverage was not enough to pay to fix the vehicle.

    The lady is during me for the remainder. Which I understand.

    She is also sueing me for other things like missing work, having her kid dropped from day care, getting fired from work, pain and suffering due to not having a vehicle.

    I understand being sued for the damages to the vehicle but not the other stuff. Can she get a judgement for things other than the car. No one was injured as the vehicle was vacant.

    I have no assessts besides my car as I am 18 and have no job.
     
  2. Proserpina

    Proserpina Moderator

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    Yes, she can.

    Whether or not she'll succeed, we cannot guess.
     
  3. Betty3

    Betty3 Super Moderator

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    She can sue you - what she will get the judgment for & the amt. we do not know. However; if you have little or no assets, there may not be anything she can collect the judgment from. Judgments are usually for a fairly long period of time though. They also can generally be renewed so you may have some assets in the future she can collect from before the SOL runs out.
     
  4. army judge

    army judge Super Moderator

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    First of all, as a defendant in small claims court (JP usually), you have the RIGHT to be sued in the JP COURT that presides over the PLACE & PRECINCT in the county where you reside.

    If she's NOT suing you in the correct court, (verify PLACE & PRECINCT in the COUNTY where you reside), you can appear and request the matter to be dismissed.

    Many plaintiffs bring the suit before the incorrect venue!

    Okay, this will acquaint you with the small claims process in Texas.

    http://www.dallascounty.org/department/jpcourts/3-1/start.php#when

    If you're smart, you'll ask for a jury trial. Either party can request a jury to be empaneled in Texas. It'll cost you no more, win or lose.

    You're entitled to a jury for most court matters in Texas according to our constitution.





    Some of those things she can't recover against you, even if she can prove their loss.

    Missing work, sorry....
    Dropping her kid at day care, no way, no how.
    Suffering for having no car, nope.
    She could recoup a rental car, while hers was in the body shop.
    Shhh, don't tell her.
    Getting fired, that's HER problem, not yours.
    She'll recoup SOME of the difference in what your insurance didn't cover.
    If you are smart, get a notarized affidavit and a letter from your insurance indicating why they paid say only $2,500 and she claimed $6,000 of damages.
    Usually people like this greedy goat are scamming unsuspecting suckers.
    Your insurance company can help you.
     
    Last edited: Jan 12, 2014
  5. Betty3

    Betty3 Super Moderator

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    I verified & the SOL on a judgment is 10 years in Tx. & can be renewed.
     
  6. disagreeable

    disagreeable Well-Known Member

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    As mentioned in another forum, she may have waived her right to sue you, by accepting the settlement from your insurance.
     
  7. army judge

    army judge Super Moderator

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    Thnk you, sometimes you guess right, sometimes you guess wrong.

    The world is soooo confusing for an old country boy.
     
  8. Betty3

    Betty3 Super Moderator

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    I would verify with your ins. co. if she signed a release of any further liability on your part in exchange for any money she received.
     
  9. Proserpina

    Proserpina Moderator

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    Let's remember that his wages cannot be garnished in the state of Texas - criminal acts notwithstanding.
     
  10. Betty3

    Betty3 Super Moderator

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    OP has no current wages/income anyway but I assume this will change since OP is currently only 18. Wages can also be garnished for some exceptions such as child support, taxes, & some student loans in Tx. Even though wages can't be garnished in Tx. (except for the exceptions), there are non-exempt assets that can be "seized" to satisfy a judgment - OP may have some of these assets in the future.

    Texas is a rather debt friendly state.
     
  11. army judge

    army judge Super Moderator

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    Texas and Florida are THE two most debtor friendly states.

    Wages can't be touched and there are many other assets that are constitutionally protected.
     
  12. Betty3

    Betty3 Super Moderator

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    Yes, I know. They are the states to be if you are sued & a judgment issued against you.
     

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