- Jurisdiction
- New York
Like stated in the title, my mom and I just received notice papers in the mail about a lawsuit against us. We were never properly served and were not in any way aware of this lawsuit. The notice papers state that the plaintiff was awarded $75,000. The lawsuit is legitimate. I have been able to find it via index number on the New York State Unified Court System website, so I at least have background and more information now.
This lawsuit is involving a car accident I was involved in, back in May of 2015. This is why my mom is on the lawsuit as well, I was a minor at the time and so the car was registered under her name. I was making a left turn on a side street, and did not notice the other car coming as we were just before the crest of a hill. While making my turn I hit the side of the other vehicle as it was passing in the other direction. As I was turning, I must not have been going more than 5-10mph and the street speed limit would have been 30mph. I was not at all injured. I was in a car, the other driver was in an SUV. The person in the other car and plaintiff in the lawsuit was complaining of minor pain, but the police had told me and my mom that after talking to him and checking there did not seem to be any serious/major injury. There was a police report, insurance was swapped (at least, the plaintiff was given our insurance information, I feel like I remember the plaintiff not having insurance), and the accident was filed with our insurance company (liability was placed on me, I understand that). That was the end of that as far as we were concerned, and that's honestly all I remember.
Like I said I was able to find details about the lawsuit online, so I'm trying to piece together the rest of this here. It seems like the lawsuit was filed 3 years later, at the end of April 2018. The lawsuit claims the plaintiff has suffered severe and grievous injuries, and suffers still from severe pain, mental anguish, and physical/emotional disability. It cites: serious injury as defined by Section 5102(d) of the Insurance Law of the State of New York. I guess about a month later, someone tried serving me and my mom papers at her old address by posting them on the door. We moved from this location in late 2015/early 2016. And at this point in time (when they tried serving the papers) I did not even live with my mom anymore, I was attending college in another city and had just recently gotten my own apartment. Neither of us were ever aware of these papers at all. The affirmation of service document I'm seeing online says on it the person serving spoke to a neighbor who said we lived there??? WTF??
So from there it seems like they made a motion for a default judgment (about a year later), there was a court date earlier this year, and then we now just got the order on notice.
It seems REALLY convenient that NOW the plaintiff's law office was able to get our up to date addresses, and not AT ANY POINT IN THE PAST 4 F-ING YEARS. It feels to me like the law office did this on purpose - addressing the papers to that old address. What is suddenly so different that they were magically now able to figure out our addresses when it's time to send the decision notice??
By the way the plaintiff did go to the hospital after the accident, there is paperwork online. Nothing is sticking out in that paper work, other than whiplash/some muscle strain. They literally prescribed him Motrin (MOTRIN!!!!!), and he was released within an hour.
This all just seems insane and like a blatant overreach, especially considering the circumstances of serving the papers. It just seems intentional. And how in the world would the $75,000 award have been calculated?? This is absolutely insane! Any help on this would be greatly appreciated!
This lawsuit is involving a car accident I was involved in, back in May of 2015. This is why my mom is on the lawsuit as well, I was a minor at the time and so the car was registered under her name. I was making a left turn on a side street, and did not notice the other car coming as we were just before the crest of a hill. While making my turn I hit the side of the other vehicle as it was passing in the other direction. As I was turning, I must not have been going more than 5-10mph and the street speed limit would have been 30mph. I was not at all injured. I was in a car, the other driver was in an SUV. The person in the other car and plaintiff in the lawsuit was complaining of minor pain, but the police had told me and my mom that after talking to him and checking there did not seem to be any serious/major injury. There was a police report, insurance was swapped (at least, the plaintiff was given our insurance information, I feel like I remember the plaintiff not having insurance), and the accident was filed with our insurance company (liability was placed on me, I understand that). That was the end of that as far as we were concerned, and that's honestly all I remember.
Like I said I was able to find details about the lawsuit online, so I'm trying to piece together the rest of this here. It seems like the lawsuit was filed 3 years later, at the end of April 2018. The lawsuit claims the plaintiff has suffered severe and grievous injuries, and suffers still from severe pain, mental anguish, and physical/emotional disability. It cites: serious injury as defined by Section 5102(d) of the Insurance Law of the State of New York. I guess about a month later, someone tried serving me and my mom papers at her old address by posting them on the door. We moved from this location in late 2015/early 2016. And at this point in time (when they tried serving the papers) I did not even live with my mom anymore, I was attending college in another city and had just recently gotten my own apartment. Neither of us were ever aware of these papers at all. The affirmation of service document I'm seeing online says on it the person serving spoke to a neighbor who said we lived there??? WTF??
So from there it seems like they made a motion for a default judgment (about a year later), there was a court date earlier this year, and then we now just got the order on notice.
It seems REALLY convenient that NOW the plaintiff's law office was able to get our up to date addresses, and not AT ANY POINT IN THE PAST 4 F-ING YEARS. It feels to me like the law office did this on purpose - addressing the papers to that old address. What is suddenly so different that they were magically now able to figure out our addresses when it's time to send the decision notice??
By the way the plaintiff did go to the hospital after the accident, there is paperwork online. Nothing is sticking out in that paper work, other than whiplash/some muscle strain. They literally prescribed him Motrin (MOTRIN!!!!!), and he was released within an hour.
This all just seems insane and like a blatant overreach, especially considering the circumstances of serving the papers. It just seems intentional. And how in the world would the $75,000 award have been calculated?? This is absolutely insane! Any help on this would be greatly appreciated!
