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Ever Been Sued?  Rate Topic 
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 Posted: Tue Apr 16th, 2013 04:39 pm
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TXM



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How did it turn out?

I'm asking because "a friend of mine" just found out this morning he's being sued.

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 Posted: Tue Apr 16th, 2013 05:22 pm
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thunderbolt
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First step is to determine if your friend might have insurance covering the claim - auto insurance for traffic stuff (obviously) and homeowners' policies are the most likely sources of coverage. 

The critical question is 'what is this hypothetical defendant being sued for?'.



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The kind of man who wants the government to adopt and enforce his ideas is always the kind of man whose ideas are idiotic. ~ HL Mencken
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 Posted: Tue Apr 16th, 2013 05:44 pm
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TXM



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thunderbolt wrote:
First step is to determine if your friend might have insurance covering the claim - auto insurance for traffic stuff (obviously) and homeowners' policies are the most likely sources of coverage. 

The critical question is 'what is this hypothetical defendant being sued for?'.


Traffic accident. Have insurance and they are aware of what's happeninig.

Rear-ended a guy 2 years ago. No injuries at the time.

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 Posted: Tue Apr 16th, 2013 05:47 pm
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TXM



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Basically being sued by the guy and his family for "loss of affection/yadda yadda yadda."

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 Posted: Tue Apr 16th, 2013 05:47 pm
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thunderbolt
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Your hypothetical friend should just turn it over to the carrier and demand defense and indemnity.  Most likely outcome is they cut the malingering deadbeat a check and it goes away; and your friend's future premiums may take a short term hit.



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The kind of man who wants the government to adopt and enforce his ideas is always the kind of man whose ideas are idiotic. ~ HL Mencken
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 Posted: Tue Apr 16th, 2013 05:49 pm
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thunderbolt
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Dubuque Wahlert by any chance?



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The kind of man who wants the government to adopt and enforce his ideas is always the kind of man whose ideas are idiotic. ~ HL Mencken
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 Posted: Tue Apr 16th, 2013 05:51 pm
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beejmi
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Yes. And it's a good story too.

I fell asleep at the wheel and hit a truck on I-95 in 1990. I don't remember a thing about it. I hit him and then apparently went straight up in the air as my head tried to go through the roof of the car. I always assumed it was that "bump on the head" being why I didn't remember anything.

Years later the guy sued the insurance company. I got to meet the guy and see that he wasn't hurt, etc so that was cool.

At the deposition they asked me about the events of that night with my answers all being "I don't know" , "I don't recall" and "Oh I'm not sure"

Then they hypnotized me (!!!!!!) to get what happened out of me. I don't remember being under hypnosis nor do I know what I said.

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 Posted: Tue Apr 16th, 2013 05:59 pm
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TXM



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thunderbolt wrote:
Your hypothetical friend should just turn it over to the carrier and demand defense and indemnity.  Most likely outcome is they cut the malingering deadbeat a check and it goes away; and your friend's future premiums may take a short term hit.


This is what is going to happen.

Here's the kicker though. The guy who got hit, he's also suing his own insurance company, who are listed as a co-defendant. Is this standard?

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 Posted: Tue Apr 16th, 2013 06:01 pm
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TXM



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thunderbolt wrote:
Dubuque Wahlert by any chance?


Are you asking if I went to Wahlert? Nah, I migrated here from Wisconsin.

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 Posted: Tue Apr 16th, 2013 06:03 pm
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TXM



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beejmi wrote:
Yes. And it's a good story too.

I fell asleep at the wheel and hit a truck on I-95 in 1990. I don't remember a thing about it. I hit him and then apparently went straight up in the air as my head tried to go through the roof of the car. I always assumed it was that "bump on the head" being why I didn't remember anything.

Years later the guy sued the insurance company. I got to meet the guy and see that he wasn't hurt, etc so that was cool.

At the deposition they asked me about the events of that night with my answers all being "I don't know" , "I don't recall" and "Oh I'm not sure"

Then they hypnotized me (!!!!!!) to get what happened out of me. I don't remember being under hypnosis nor do I know what I said.


So you weren't sued personally? The guy just went after your carrier?

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 Posted: Tue Apr 16th, 2013 06:09 pm
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thunderbolt
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TXM wrote: thunderbolt wrote:
Dubuque Wahlert by any chance?


Are you asking if I went to Wahlert? Nah, I migrated here from Wisconsin.

We played Wahlert in all sports when I was in high school in Burlington way back when.  My reason for asking...



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The kind of man who wants the government to adopt and enforce his ideas is always the kind of man whose ideas are idiotic. ~ HL Mencken
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 Posted: Tue Apr 16th, 2013 06:10 pm
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beejmi
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Yes. I personally was not held liable for whatever (if any) damages he was awarded. Although I got the "you're getting sued" letter in the mail, etc

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 Posted: Tue Apr 16th, 2013 07:13 pm
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cheapseats



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TXM wrote: thunderbolt wrote:
First step is to determine if your friend might have insurance covering the claim - auto insurance for traffic stuff (obviously) and homeowners' policies are the most likely sources of coverage. 

The critical question is 'what is this hypothetical defendant being sued for?'.


Traffic accident. Have insurance and they are aware of what's happeninig.

Rear-ended a guy 2 years ago. No injuries at the time.

Exact same scenario I was in a few years ago. The bitch waited almost 2 years to the day of the accident (wstatue of limitations) to sue me.  



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Never said that I could 100 % substantiate it. And convincing you 100 % is not a concern of mine.
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 Posted: Tue Apr 16th, 2013 07:53 pm
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TXM



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cheapseats wrote:
TXM wrote: thunderbolt wrote:
First step is to determine if your friend might have insurance covering the claim - auto insurance for traffic stuff (obviously) and homeowners' policies are the most likely sources of coverage. 

The critical question is 'what is this hypothetical defendant being sued for?'.


Traffic accident. Have insurance and they are aware of what's happeninig.

Rear-ended a guy 2 years ago. No injuries at the time.

Exact same scenario I was in a few years ago. The bitch waited almost 2 years to the day of the accident (wstatue of limitations) to sue me.  


Mind me asking how things ended up?

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 Posted: Tue Apr 16th, 2013 09:18 pm
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cheapseats



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TXM wrote:
cheapseats wrote:
TXM wrote: thunderbolt wrote:
First step is to determine if your friend might have insurance covering the claim - auto insurance for traffic stuff (obviously) and homeowners' policies are the most likely sources of coverage. 

The critical question is 'what is this hypothetical defendant being sued for?'.


Traffic accident. Have insurance and they are aware of what's happeninig.

Rear-ended a guy 2 years ago. No injuries at the time.

Exact same scenario I was in a few years ago. The bitch waited almost 2 years to the day of the accident (wstatue of limitations) to sue me.  


Mind me asking how things ended up?
She settled for something like $5K IIRC.

Keep in mind this was a 3 vehicle accident. She was the first vehicle(Ford F250 Crew Cab 4x4 Diesel) with another vehicle (Honda Accord) in between us. I was in my Ford Escape. I had no front end damage. There was a small scrap on the Honda's rear bumper but the front end was complete toast. The Ford's rear bumper was bent in. Now tell me how I hit the Honda so hard to turn it in to a missile yet I didn't have a scratch to my car? I told my insurance and the other carriers that the Honda hit the F250 first THEN I tapped the Honda. Even the adjustor for the Honda's insurance believed his guy caused the wreck.

She (F250 driver)felt fine with no complaints of pain. She got cocky and said "let's all get our stories straight before the cops get here" . I then knew something was not on the level. When the cops showed up and my story didn't jibe with the others, she then started complaining about her neck hurting. How convenient.

Last edited on Tue Apr 16th, 2013 09:20 pm by cheapseats



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Never said that I could 100 % substantiate it. And convincing you 100 % is not a concern of mine.
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