General Question

ItalianPrincess1217's avatar

What are the chances of me losing this court case?

Asked by ItalianPrincess1217 (11289points) June 10th, 2010 from iPhone

I was in an accident about a year ago. I was at fault (says the cop that wrote me the ticket). It was a total blindspot in the intersection and the guy involved in the accident didn’t even attempt to brake! I knew right away he was money hungry by the way he jumped out of his vehicle and laid in the middle of the road. Very dramatic. I was hurt too but I didn’t make a scene. The guy sued my insurance company and I believe he got a settlement. Just a few minute ago, I was served. I’m shaking. I’m upset. I’m on the verge of tears. I’m getting married in a month. I have zero money to pay this guy anything. I only work a min wage part time job and my fiancĂ© barely makes enough to pay our mortgage and bills. I already know the amount he’s asking must be pretty outrageous beacuse the papers state “The plaintiff’s complaint against you is an amount that exceeds the jurisdictional limits of all lower courts.” I’m really worried. Are we going to lose our house? Our car? What happens now? Please tell me everything will be okay! How can he get blood from a stone?

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30 Answers

nikipedia's avatar

If he sued your insurance company, doesn’t your insurance company have to pay for it?

I got hit by a real shady cab driver a couple years ago who sued—insurance covered everything (and bought me a new car!)

ItalianPrincess1217's avatar

@nikipedia He already sued them and they paid. Now he’s coming after me. A personal suit.

marinelife's avatar

First, even if the insurance company offers to provide you with an attorney, get your own attorney.

Unfortunately, he could get a judgment against you and your wages could be garnished. You may want to wait to get married so he cannot get your future husband’s assets.

Tropical_Willie's avatar

What state are you in? In the states I have lived in it is still up to your insurance company. He may have signed and released you through the insurance company and just wants more than what they paid. Trip to the islands for a month?
CONTACT your insurance company and ask for a lawyer.
There is NO personal suit, maybe his BIL is a lawyer!
If he got money from your insurance that should be the end.

ItalianPrincess1217's avatar

@marinelife I have a great attorney already. But the wedding cannot be postponed. It’s only a month away. We sent out invites last week an booked our honeymoon. It’s just not possible to put it on hold at this point. If this guy wouldve sued me a little sooner it might have been easier. But a month before the wedding…talk about bad timing.

janbb's avatar

Have you spoken to your lawyer already?

ItalianPrincess1217's avatar

@janbb I called and left a message. But lawyers all say the same thing. He’s going to tell me not to worry about it and he’ll keep me updated. But I am worried! This is awful.

marinelife's avatar

@ItalianPrincess1217 Sit down with your lawyer and ask him to outline what he thinks the likely outcome is going to be. Ask him what his strategy is. Tell him that you are having trouble getting to sleep at night worrying about things.

Tropical_Willie's avatar

Did the guy have an arm amputated or something? This sounds like he thinks you have the money to cover his extra cost.
Your lawyer can get the date of the court appearance changed.

ItalianPrincess1217's avatar

@Tropical_Willie Nope. I’m pretty sure he has all his limbs! But the papers say he has sustained permanent injuries. He’s probably claiming a back injury since it’s difficult to prove he’s lying.

tinyfaery's avatar

Judges know that people try to claim injury, a lot, in these situations. He hasn’t won yet. A counter suit might be in order here.

RealEyesRealizeRealLies's avatar

Refer the letter to your insurance company and be done with it.

Nothing is ever as bad as it seems… Nothing is ever as good as it seems.

RealEyesRealizeRealLies's avatar

If he already received a settlement from the insurance, then he should not be able to pursue further action with either them or you. That should be clearly illustrated in the settlement agreement.

If by chance he still tries to pursue you, then find out what he settled for and make sure that’s the full amount that your insurance is responsible for paying. But the case should be over, unless he want to sue the city for inadequate intersection design or bad pavement issues.

srmorgan's avatar

First off, don’t panic.
Second, something does not smell right here.
The other guy could not have sued your insurance company and obtained and collected a judgment in such a short period of time, especially in New York.

SRM

janbb's avatar

I had a similar experience except that I was sued while the insurance claim was going on. The case almost came to trial several times but the plaintiff finally settled with the insurance company after 5 years. It was very traumatic and painful, but I didn’t have to pay anything. One thing I can say about yours, is that very likely nothing will happen very fast. I feel for you. What a crappy thing to happen so close to the wedding! Do talk to your insurance company – maybe they haven’t settled with him and this is part of that case.

ItalianPrincess1217's avatar

My lawyer just called me back and informed me to bring all the papers to my insurance company and they have to provide me with a lawyer. Could this mean the guy hasn’t settled afterall. I wasn’t sure to begin with. I just assumed he had already sued my insurance and got paid.

janbb's avatar

It sounds like he probably hasn’t and that this is part of that suit. Don’t panic before you talk to them tomorrow.

ItalianPrincess1217's avatar

@janbb Ok. Thanks for all the help! I can calm down just a little for now. This whole thing is very traumatic! Holy cow. I think I’ll sue him right back for mental distress during my wedding!

lillycoyote's avatar

Talk to your insurance company. I don’t think the guy can collect twice on the incident, but that’s one of the things your insurance company is for. And I’m with @janbb don’t panic. Edit: Didn’t read the whole thread. Glad you to hear you can calm down a little bit.

perspicacious's avatar

@ItalianPrincess1217 Deal with your insurance company. It sounds like there was no settlement.

mammal's avatar

Don’t know but America is far too litigious, the insurance should be the end of it, the courts decision, notwithstanding appeal, should be final, personal claims like this are ridiculous, they are just spiteful profiteering, accidents happen.

john65pennington's avatar

Did the other driver go to the hospital? was he transported in an ambulance? i would listen to your attorney. he he advises you not to worry, then have faith in him. auto accidents are the key to pandoras box and when people smell money, they will do anything for a buck. keep your cool and keep in touch with your attorney. your insurance company should supply you with one, but to be on the safe side, hire your own. they can confer with each other on what direction to proceed. it will be okay.

janbb's avatar

In my experience, I didn’t need to spend the money to hrie my own lawyer; the insurance company’s lawyer took care of it all.

Dr_Dredd's avatar

I thought New York State had no-fault insurance (e.g. unless there is death or permanent injury or disability, there can be no personal lawsuits). At least, that’s what my insurance company told me…

ItalianPrincess1217's avatar

@Dr_Dredd He is claiming permanent injury.

janbb's avatar

@ItalianPrincess1217 How did you make out today?

ItalianPrincess1217's avatar

@janbb I went to the insurance company and I guess they are trying to settle with him still but he keeps refusing their offers. Apparently they aren’t offering him enough to make him happy. So they said if they don’t settle, he’ll probably come after me for money. Basically they’ll let me know when anything changes.

janbb's avatar

So put it out of your head as much as possible and enjoy your wedding. These things take a grindingly long time to work themselves out in my experience.

Inspired_2write's avatar

A non -biased Insurance agent will be appointed to determine fault etc
They will thourghly investigate for fraudulant claims etc
Your Insurance will take care of it.
It can take years to determine fault etc
The ‘victum” has to prove injury through records ( medical ) etc
There is a minimum settlement and maximum that the insurance agent will counter with.
Try not to worry too much.
I had someone hit me while walking to work at 6Am and no witnesses.

It took two years before a minimum settlement was agreed upon.
( I agreed just to get this all overwith and that is what she was waiting for! )
( she is rich and money means more to her than responsibility and truth).
This person who hit me denied everything for two years!

She continues to speed all over town the same way unconcerned on her part of the injury to my person . I have since had to retire as my body cannot take anymore abuse.

Someday she will hit another maybe, a rich person like herself and then the real troubles will come back to her, since her conscience does not seemto boter her?

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