No, I'm being sued. Damn it- anyone who knows my name on yahoo, get the fuck on there. I can't breathe.
The person is a lying sack of shit also. I just really don't have the money for a lawyer right now. And thanks.
I'm in the U.S.- I'm being sued because of a car accident from two years ago where we were going FIFTEEN MPH... this stupid guy is trying to say he has a back injury yet the truck he was in had no damage and he could run around just fine afterwards. Anyways, my insurance company won't give him any money because their lawyer (the insurance companies lawyer, that is) requested past medical history (to see if there was a preexisting condition) and never recieved the info. So now a sheriff comes to my house and the guy is sueing me directly. I guess I'm wondering if for some reason this guy wins and I don't have the money, what do they do? Garnish wages? What the heck is this panda stuff?
Not always, just sometimes. It just hit me that I should calm down- the insurance company is going to give me a lawyer and if they couldn't get any money out of the company then there is probably a reason- like it was a preexisting condition.
I'm not a lawyer, but shouldn't your insurance company should cover you for that? See if you can get the paperwork for the case from your insurance company - and also make sure they know he is trying to sue you for an accident that happened whilst you and your car were covered by them. If he has refused to supply medical evidence and you can prove that then his case would fall apart in court. Especially if you have evidence of his car being undamaged and him walking around healthily. Maybe get a private investigator involved if you can afford it - one who can photograph him walking unaided etc. - and maybe if you cannot afford a lawyer, then you could write to his lawyer asking for medical evidence showing that he suffered injuries resulting from this accident only. You have the right to see all evidence in order to prepare a defence. If he cannot provide it to you then it should never go to court.
Well since its a stemming issue from a prior claim that seems to have never been settled then it falls back on the insurance company for now. He can and his insurance company can sue you if your coverage falls shot of the damages like say your insurance is only good for $30K damages of physical property and you totalled a persons Z06 Vette valued at $60K well they can sue you for the $30K difference. For now I would refer all to your insurance company, he his obvioulsy hidding something in his past.
My insurance company will cover me up to 15 grand a person for injuries IF it is proven the injuries happened from the car accident. That is why the insurance companies lawyers were requesting past medical history from this guy- to see if he had a lot of problems with his back before the accident. They have requested this information from him a couple months ago and have recieved nothing so they didn't give him any money. The insurance company did tell me to inform them if I recieve anything like this so tomorrow I'm going to fax it over to them. I'm not sure why this guy is sueing ME now- maybe he thinks it'll be easier to get money from me- however, the lawyer the insurance company gives to me is going to request the same thing, past medical history. The OTHER possibility (the one I'm scared of!)- is that for some reason this guy is looking for MORE then fifteen grand and that is why he's sueing me now and not the insurance company. In any case, I REALLY wish I could afford a PI but I can't.
i dont really know anything about civil cases. I did get an "A" in the class though I know that they are lenghty and they suck.
Okay the insurance company did tell me if I recieve anything to fax it to them. So you are saying for now they will still be dealing with it? (like getting his damn medical history!!!). I think I freaked out when the sheriff came but I'm gonna fax the insurance company and just stay calm until it gets worse (if it gets worse- I agree with you that he is hiding something in his past medical history)
it doesn't look like he was that succsessful before so his past history will look bad on him, plus people will query why its taking him so long S
In Texas: The alleged 'at fault' insured driver is sued - not the insurance company. ie: It is grounds for a mistrial if any mention of the insurance policy/ company/ policy information is disclosed in the course of the trial. There is usually a two year statute of limitations from the date of the accident for a personal injury suit to be filed. If you were insured at the time of the accident you have nothing to sweat - your insurance company is responsible for your legal defense. Breath deep and focus, this crap is usual and customary - it happens all the time... Contact me if you want more info - I have the tees...