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View Full Version : And.. who recalls my wreck last year? Help again w/ Lawsuit



AestheticDeath
05-09-2008, 12:50 AM
Yeah so the little girl who pulled out in front of me last year is now filing a lawsuit.

She and her mother are naming myself and HER insurance company in the suit.

Should my insurance help take care of this with a lawyer? (Calling them tomorrow to find out, just got served the papers today)

Or should I look into getting an attorney? What if I cannot afford an attorney? What do they cost? There a way for me to get a court appointed one or something?

I know nothing about this kind of stuff.

help please...

thefarmer
05-09-2008, 12:52 AM
Having your OWN attorney is always the best scenario. That way you know for sure that your interests can be protected.

I actually keep one on retainer at all times.

The Ponzzz
05-09-2008, 01:24 AM
Any chance you can refresh our memory about the wreck last year? Just provide a link to the last thread on it. I vaguely remember it.

I'm in no way the person to get legal advice from, but I'd go with an attorney. You need to protect yourself and have someone with your best interest in mind. How much she suing for, if I may ask?

Also, get on the phone and call your insurance company, find out everything they know about it as well. I'll have more pending advise with having a refreshed memory.

AestheticDeath
05-09-2008, 01:47 AM
Last thread, more about the ticket than the wreck (http://forum.gsplayers.com/showthread.php?t=24356)

Basically: post 23 from that thread


As far as the witnesses getting me a ticket, well it was a wreck.

I was travelling south down Sayles BLVD. Speed limit of 35 mph. I was goin pretty close to the speed limit, not sure exactly how fast. I saw the light turn yellow, and realized I couldn't make it through as I was too close. I speed up a little to get through it before it turned red. As far as I saw it was yellow, didnt even see it turn red.(Still want to know if that matters here in Texas, or if I should drop that line of reasoning)

After I went throught the light a ways, a 17 year old girl pulled out of a private drive(the college parking lot in the lower left of the map), I slowed down (got off the gas) to let her pass through the lanes - and she and stopped in the middle of the road instead. By the time I figured out she wasn't going to get out of the road and pull into the median, it was a bit too late to avoid hitting her. I hit the breaks and the horn and she just sat there. It didn't occur to me to turn into the parking lot. Either way I didn't know if someone was beside me, or what/who was in the parking lot.

My right front bumper hit her left front bumper and caused some damage to my vehicle, and hers. Two witnesses stopped. The cop says they claimed I sped through a red light. I heard at least one of them say this, the other one I didnt hear, I just saw her shrug her shoulders alot.

I got a ticket for the red light. And she didn't get anything since she pulled out of a private drive. Even though she was no longer in that parking lot/road, she was actually in the middle of a street/intersection.

The police report says I got the red light violation, and a ticket for that. And that she failed to yield the right of way, but no ticket. She now has an attorney trying to argue over liability for the insurance. She claims she didnt see my bright red car.

I have only ever had one other ticket. It was for speeding on the highway to Dallas going 80 in 70.. I just paid it and took the drivers class, since I knew I was guilty.

She and her passenger were totally fine. But she was pregnant. Looked about ready to pop. This suit a year later, claims the child I think was hurt. Its all wordy and shit, and has more names than I recognize, but seem her and her mother are filing suit on behalf of her (the 17 yr old) and her kid.

I don't see any $ numbers mentioned, just that they want to try to get the maximum allowed by law! For mental suffering, disfigurement(to the child I am guessing). Asking for wages lost until the child reachs 18, wages for the child, or her or what ever, nothing makes sense to me.

Anyways, I wound up going to court for the red light ticket I don't think I deserved, plead not guilty, paid the fine, took the drivers safety course etc.

Insurance settled months later for 50/50. Half her fault, half mine.

Now, 13 months later they claim 15 different types of loss. Mental anguish, physical impairment, physical disfigurement, etc etc. Basically like 6-7 things, one for the past, one for the future. And a couple other things. (this for the driver) Who was not hurt during the accident, but now seemingly has all kinds of shit wrong with her. She was not bruised or bleeding. She was walking around, she declined the ambulance.

Then they claim loss for the mother, for child care, loss of earning capacity, medical care...

Then they both claim loss on behalf of the child, all kinds of stuff they claimed for the driver plus the childs loss of earnings until 18 (how many kids work before they are 18? Especially rich kids... and why should any loss stop there?) If the kids is messed up, which I doubt, any loss of damage would last beyond 18 yrs old.

thefarmer
05-09-2008, 01:54 AM
GET YOUR OWN LAWYER.

DO NOT WAIT ON THIS. DO NOT WAIT UNTIL YOU TALK TO YOUR INSURANCE COMPANY.

GET YOUR OWN LAWYER WHEN YOU WAKE UP IN THE MORNING. DO NOTHING ELSE BUT CALL LAWYERS.

Drew2
05-09-2008, 02:05 AM
Lol you're going to get fucked.

Yay America.

radamanthys
05-09-2008, 02:08 AM
^Yea, that.^

diethx
05-09-2008, 02:09 AM
Yeah, you should take farmer's advice. You're going to want a really great lawyer for this. If you can't afford one, i'd suggest finding the money somehow. Do you own a home?

The Ponzzz
05-09-2008, 02:12 AM
Yea man, listen to Vivaldi... Seriously, if work is preventing you from calling a lawyer and meeting with them ASAP, call in sick. That's a huge fucking lawsuit, I thought it was going to be a small claims case...

diethx
05-09-2008, 02:16 AM
This thread is going to turn into a barrage of "you know, i'm a law student", isn't it? :(

thefarmer
05-09-2008, 02:20 AM
If you have any doubt as to what I'm saying, let me point out something..


I don't see any $ numbers mentioned, just that they want to try to get the maximum allowed by law!
Equals
http://207.199.174.56/img/aGRfTfcsNQ_Condi_Rice.jpg

Equals

http://www.nolo.com/images/special/tilt_cover_HFB.gif

AestheticDeath
05-09-2008, 02:26 AM
I'm certain this was a joke, but I'd note that the only thing that is 100% certain is that you CANNOT go to jail for a simple traffic citation that requires no burden of proof on the state's part, and that you CANNOT go to jail over a civil lawsuit (the girl's), nor for the collection of her damages, if any.


Quote from the other thread... So yeah I am safe from jail? But if they find me at fault in any way during this civil suit, and I am supposed to pay, but I cannot. What happens then?

I have no assets, I have no wages to garnish at the moment (was planning on joining the army if you recall that recent thread) as I have no job right now.

Do they just follow me throughout life until they think I can pay and sue again?

thefarmer
05-09-2008, 02:30 AM
Quote from the other thread... So yeah I am safe from jail? But if they find me at fault in any way during this civil suit, and I am supposed to pay, but I cannot. What happens then?

I have no assets, I have no wages to garnish at the moment (was planning on joining the army if you recall that recent thread) as I have no job right now.

Do they just follow me throughout life until they think I can pay and sue again?

Generally safe from jail, yes.

UNLESS you don't have a job for years at a time, and the girl goes to court and the court orders you to get a job, and unless you can prove you tried to get a job and cannot, then you can go to jail.

Edit: I knew a guy who went to jail because he wouldn't get a job and owed child support, is why I say it.

The Ponzzz
05-09-2008, 02:34 AM
They garnish you, you pay what you can now, and once you work, they will garnish you then. They will also force you into work, even if it's a shit job, but that's if you aren't actively working or looking. You can go to jail over this as well if you don't work for a long period of time.

But generally, no, they can't send you to jail, but if somehow it were to change to reckless driving, then it can be a bit of a mess, but I don't see that happening here. Again, I'm not familiar with the law enough to know. WarriorBird or Keller may know a lot better if they can change it to say you were reckless driving.

With your current situation, you will need to call something like legal aid ASAP.

AestheticDeath
05-09-2008, 02:36 AM
There any way in hell her insurance company will help me out? Since we are both defendants, and they will have their lawyers working on it anyways?

thefarmer
05-09-2008, 02:37 AM
Coming from person experience, the legal aid in my state was horrible. I couldn't talk to anyone that day, it STILL required money to see them, and they acted like the typical overworked, underpaid, uncaring government employee.

The Ponzzz
05-09-2008, 02:37 AM
I don't think so.

AestheticDeath
05-09-2008, 02:37 AM
What exactly are you talking about, a legal aid?

thefarmer
05-09-2008, 02:39 AM
There any way in hell her insurance company will help me out? Since we are both defendants, and they will have their lawyers working on it anyways?

They will 'help out with legal advice'.. but don't be surprised if you end up catching all the penalties and they get none.

They're looking out for their pocketbooks, not yours.

The Ponzzz
05-09-2008, 02:39 AM
Coming from person experience, the legal aid in my state was horrible. I couldn't talk to anyone that day, it STILL required money to see them, and they acted like the typical overworked, underpaid, uncaring government employee.

Ugh, yea. That's just horrible though. This could be a very ugly situation for you, AD. I hope things aren't really that bad and things do fit together and work out for you. I feel for ya man.

The Ponzzz
05-09-2008, 02:40 AM
What state are you in, I can at least help you find a site/phone number to start somewhere.

AestheticDeath
05-09-2008, 02:42 AM
Abilene, Texas

I have a phone book.. but there are a ton of attorneys listed.. How do I go about even looking for the right one? Or the best one..

The Ponzzz
05-09-2008, 02:43 AM
Unfortunately, you call every single one until you get someone that will work with you.

Here's a site with some numbers. http://www.lanwt.org/abilene.asp

thefarmer
05-09-2008, 02:47 AM
Abilene, Texas

I have a phone book.. but there are a ton of attorneys listed.. How do I go about even looking for the right one? Or the best one..

Look at the full color ads that mention what they specialize in.

Pay close attention to the 'Personal Injury" lawyers, as THAT is who that girl/mother hired to go after you and her insurance company.

You want to hire someone just like the lawyer the girl has.

Stretch
05-09-2008, 07:01 AM
I'm pretty sure that non-payment of child support is the only thing you can be thrown into jail for when it comes to debt repayment.

AnticorRifling
05-09-2008, 08:39 AM
she declined the ambulance.


Wouldn't that fuck her when your attorney asks if they felt these "injuries, etc" could have been avoided by her doing her due diligence and going and getting a medical exam at the time of the accident...especially when she's preggo! Way to not look out for your unborn child you dumb bink.

Seran
05-09-2008, 09:28 AM
Best thing you can do it to get an attorney and have them set about immediately scheduling as much discovery as possible. Namely to find out the extent of the child's injuries, if injuries occured per se; what were the names of the doctors and when did they pronounce the child's injuries as being related to blunt force trauma.

Moving forward from that, I would immediately get as much info on the girl as possible. Has she ever been picked up, does she do drugs, etc. to sully her credibility.

Worst case scenario, you lose but you'll lose if you don't defend yourself anyhow. In this instance you file bankruptcy and hope the opposing attorney can't get it declared non-dischargeble.

If you win, then there is that. Keep in mind her insurance is going to want to settle asap, more than likely leaving you holding the bag.

Skeeter
05-09-2008, 09:31 AM
Good luck, you're probably screwed in the most absolute of fashions.

Martaigne
05-09-2008, 10:26 AM
While I can't give you any advice you haven't been given already in terms of "GET A LAWYER NOW", I CAN tell you what it's like to be on the receiving end of a lawsuit for debt repayment and losing.

Without going into specifics, a lawyer representing a company with interests against my former company sued me as personally liable for repayment of a debt. I started making payments on the judgment and had to stop because I simply couldn't afford it for two months.

This is according to GA law, but the sequence of events went as follows:

Day 1) They sent me a letter via registered mail. This suffices as "notification of the defendant" by GS law. They took this information to court and got a judge to sign off on garnishing my bank account.

Day 2) All the money in my bank account was gone, and any monies deposited for 30 days hence would be seized as well. I called their lawyer and arranged a new payment plan (for over twice what I was paying before) in order to keep him from garnishing my wages.

Day 3) I got the notification of a registered mail waiting for me.

If I didn't make and keep the repayment plan, their next step would be to seize the contents of my bank account again, then garnish my wages. According to GA state law, this is up to 25% of PRE TAX income. But I can't go to jail for it, because I'm not breaking any laws.

Get a lawyer, now. Most lawyers will listen to you and give you a free consultation and advice on how to proceed. Most likely this will be "retain my services". If you lose the suit, and it's massive, consider bankruptcy. It fucks your credit for 7 years, but maybe better that than paying for the rest of your life because some irresponsible girl who got knocked up wants an easy life.

Skeeter
05-09-2008, 10:40 AM
Liquidate any assets you have (if any) NOW. Empty and close all bank accounts. Use credit cards and cash for any purchases. If you are going to lose your ass may as well run up a credit card first.

Clove
05-09-2008, 10:40 AM
Day 2) All the money in my bank account was gone, and any monies deposited for 30 days hence would be seized as well. I called their lawyer and arranged a new payment plan (for over twice what I was paying before) in order to keep him from garnishing my wages.This is an attachment on assets and they have to get a judgement first. Lesson? Get a lawyer before any judgements are filed. srsly.

Stanley Burrell
05-09-2008, 10:44 AM
Begin not showering and show up dressed in burlap. Throw on a pair of wrist shackles. Make sure no article of your attire reflects light.

Join the Marines.

AestheticDeath
05-09-2008, 10:51 AM
This is a serious situation, if you can't be serious or offer more than "Your screwed". Please shut up.

Stanley Burrell
05-09-2008, 10:52 AM
Limp.

Martaigne
05-09-2008, 10:59 AM
If you are going to lose your ass may as well run up a credit card first.

I think that's fraud?

Martaigne
05-09-2008, 11:01 AM
This is an attachment on assets and they have to get a judgement first. Lesson? Get a lawyer before any judgements are filed. srsly.

Yeah, that. Also, don't assume that you'll be notified of a court date after filing your response. YOU will be responsible for that. If you don't bother, and don't show up, the judge will automatically rule against you and you'll end up in the same mess I was in.

Skeeter
05-09-2008, 11:16 AM
I think that's fraud?

Intent is SOOO hard to prove.

Allereli
05-09-2008, 12:04 PM
From Martindale.com:

Name: Roy B. Longacre
Position: Member
Organization: Wagstaff, Alvis, Stubbeman, Seamster & Longacre, L.L.P.
Practice Areas: Personal Injury; Civil Litigation; Insurance Defense
Office: Abilene, Texas (Jones Taylor Cos.)
View profile (http://www.martindale.com/Roy-B-Longacre/1618546-lawyer.htm)




Name: Claire Mehaffey Peer Review Rated
Position: Member
Organization: Mehaffey & Watson
Practice Areas: Family Law; Personal Injury; Commercial Litigation; Sexual Harassment
Office: Abilene, Texas (Jones Taylor Cos.)
View profile (http://www.martindale.com/Claire-Mehaffey/2310144-lawyer.htm)




Name: Sam Reyes
Position: Member
Organization: Reyes Law Firm, P.C.
Practice Areas: Personal Injury; Motor Vehicle Accidents; Wrongful Death; Premises Liability; Defective Products; Nursing Home Negligence; Tort Claims Act; Professional Malpractice; Medical Malpractice
Office: Abilene, Texas (Jones Taylor Cos.)
View profile (http://www.martindale.com/Sam-Reyes/1618497-lawyer.htm)




Name: John R. Saringer
Position: Member
Organization: Wagstaff, Alvis, Stubbeman, Seamster & Longacre, L.L.P.
Practice Areas: Civil Practice; Insurance Defense; Insurance Coverage; Commercial Litigation; Nursing Home Litigation; Family; Probate
Office: Abilene, Texas (Jones Taylor Cos.)
View profile (http://www.martindale.com/John-R-Saringer/1618549-lawyer.htm)

AestheticDeath
05-09-2008, 12:24 PM
Thanks, had a couple of those on my list to call.

Tolwynn
05-09-2008, 12:29 PM
Don't run up your credit cards. You may not be able to declare bankruptcy outright, and good luck making payments if your wages begin getting garnished. Begin sheltering whatever liquid assets you have. Transfer ownerships into your spouses' or family members' names. Make liberal use of 'gifting' - you can transfer up to 10k IIRC to a person per year tax free. Have them shoot everything back to you once everything blows over.

If you're lucky, you make yourself look like an unattractive target, and get them to shift their attack to the insurance company, who will probably stomp them into the ground, given what you've mentioned so far. If they didn't seek any medical care? Good luck with that for them.

TheEschaton
05-09-2008, 12:32 PM
I'd go to that Wagstaff, Alvis, Stubbeman, Seamster & Longacre place. They already have enough named partners to show you they're successful enough, and they practice in your area.

her not taking medical care can make her contributorily negligent, but depending on your state law, you're either accountable for the percent negligence you caused (so, say the verdict against you is for 100k, but you're only found to be 60% at fault, so you'd owe 60k), or, if she's more than 50% contributorily negligent, you're not at fault. That's an important one to find out what the exact contributory negligence law is in your state. It's contributory negligence (the former) or comparative negligence (the latter).

She's also going to have to prove causation - that after it's determined you're "responsible" in the legal sense for the crash, that the crash actually caused the injuries to the baby she's talking about. Once you get your lawyer, I imagine one of the first things that needs to be done is learn EVERYTHING about the so-called injuries they claimed.

Lastly, usually when they throw 10 different charges in, it's the sign of a personal injury (IE, ambulance chaser) lawyer trying to make some shit stick when most of it's bullshit anyways. While the rules usually don't allow excessive complaints, it's hard to prove they're just throwing out things they know aren't true, so it's hard to say "this is all bullshit". Which, unfortunately, means you're probably pretty screwed.

Good luck man.

Sean
05-09-2008, 12:49 PM
Why wont your insurance handle it?

Stanley Burrell
05-09-2008, 12:54 PM
it's the sign of a personal injury (IE, ambulance chaser) lawyer

lol

They're only ambulance chasers if they haven't contacted the firm you work in.

Patent law might be partially exempt, otherwise, my first three letters in response.

TK837
05-09-2008, 01:00 PM
Liquidate any assets you have (if any) NOW. Empty and close all bank accounts. Use credit cards and cash for any purchases. If you are going to lose your ass may as well run up a credit card first.


Convert all assest to Silvers that will teach them.


Sorry for the bad luck man sound like this sucks

Keller
05-09-2008, 01:08 PM
This is an attachment on assets and they have to get a judgement first. Lesson? Get a lawyer before any judgements are filed. srsly.

Don't want to be tooooo technical, but an attachment occurs pre-judgment to preserve the assets. A writ of execution is what you're referring to.

BigWorm
05-09-2008, 01:15 PM
lol

They're only ambulance chasers if they haven't contacted the firm you work in.

Patent law might be partially exempt, otherwise, my first three letters in response.

Actually, I just using the list of four that was already posted here, I think its fairly easy to show the difference between an ambulance chaser and a decent lawyer.

Name: Sam Reyes
Position: Member
Organization: Reyes Law Firm, P.C.
Practice Areas: Personal Injury; Motor Vehicle Accidents; Wrongful Death; Premises Liability; Defective Products; Nursing Home Negligence; Tort Claims Act; Professional Malpractice; Medical Malpractice
Office: Abilene, Texas (Jones Taylor Cos.)
View profile

Name: Roy B. Longacre
Position: Member
Organization: Wagstaff, Alvis, Stubbeman, Seamster & Longacre, L.L.P.
Practice Areas: Personal Injury; Civil Litigation; Insurance Defense
Office: Abilene, Texas (Jones Taylor Cos.)
View profile


Name: John R. Saringer
Position: Member
Organization: Wagstaff, Alvis, Stubbeman, Seamster & Longacre, L.L.P.
Practice Areas: Civil Practice; Insurance Defense; Insurance Coverage; Commercial Litigation; Nursing Home Litigation; Family; Probate
Office: Abilene, Texas (Jones Taylor Cos.)
View profile

I would definitely consider Sam Reyes to be an ambulance chaser. Just the way he chooses to present his areas of practice (negligence vs. litigation) shows me what kind of lawyer he probably is.

Nieninque
05-09-2008, 01:25 PM
she declined the ambulance.

^^^^

And proving that the accident caused injuries to her unborn child when she refused medical attention? You go girl!

Fucking idiot.

Any lawyer worth their salt should be able to argue the piss out of any argument this dozy bint puts forward.

Martaigne
05-09-2008, 01:42 PM
dozy bint

I just realized at this very moment that I am in love with you.

Keller
05-09-2008, 01:43 PM
I just realized at this very moment that I am in love with you.

Nien plays sports. Are you gay?

Clove
05-09-2008, 01:54 PM
^^^^

And proving that the accident caused injuries to her unborn child when she refused medical attention? You go girl!

Fucking idiot.

Any lawyer worth their salt should be able to argue the piss out of any argument this dozy bint puts forward.


I just realized at this very moment that I am in love with you.Don't go overboard. They actually have cultural-expression classes in the UK to ensure their population is effective at inserting "dozy bint" into discussions.

Martaigne
05-09-2008, 02:21 PM
Nien plays sports. Are you gay?

I am totally not seeing this correlation. But no, I am not.

Celephais
05-09-2008, 02:47 PM
I am totally not seeing this correlation. But no, I am not.
http://forum.gsplayers.com/showthread.php?t=25340 :whistle:

Martaigne
05-09-2008, 02:59 PM
http://forum.gsplayers.com/showthread.php?t=25340 :whistle:

Yeah, CT brought me up to speed. Problem is that I just basically ignore anything Backlash has to say. The fact that Nien is into sports just makes her hotter. She's likely fit, at least. Backlash is probably just insecure about his masculinity and feels threatened by her... which speaks volumes about how girly he probably is. But not to derail the thread...

Clove
05-09-2008, 03:13 PM
Yeah, CT brought me up to speed. Problem is that I just basically ignore anything Backlash has to say. The fact that Nien is into sports just makes her hotter. She's likely fit, at least. Backlash is probably just insecure about his masculinity and feels threatened by her... which speaks volumes about how girly he probably is. But not to derail the thread...El tiene una pinga penquena tambien.

Martaigne
05-09-2008, 03:14 PM
El tiene una pinga penquena tambien.

I wouldn't know, so I'll take your word for it.

Sean of the Thread
05-09-2008, 03:20 PM
I just went through the lawyer search thing and finally ended up saying fuck it.

They were all sales man and Cochrane and all basically said the same thing. "Might be able to get it reduced to reckless driving". Average basic fee for me just for a simple misd dui case with no injuries or damage was $3500.00 not counting trial fees if it went that far.

I decided fuck it and go the public defender route since they all said the same exact thing at the 60 consultations I went thru. With the exception of about 1/3 being a Cochran promising me they can get it tossed no matter what. Most of them dump the cases off to their just out of law school employees anyways. Very few handled it themselves.

One good thing is they were all very glad that I refused breath test and that they didn't give me a field sobriety test or the repeated blood tests I requested. So not sure where that puts me but sounded better than gloomy but like I said they're sales men.

Basically my case is coming down to the video and the cops word which was a carbon copy of impairment from the statute as they have no physical evidence. The only evidence I see is that I was SOOOO impaired I managed to avoid a collision and park parallel in the right away. GOT ME THERE! Stupid shit.

Also I was in the process of having blood tests done for epstein barr since I had mono at the time and a series of other tests for sugar and hypoglycemic condition that may be causing my problems.... which also results in someone appearing in a drunken state.


Anyways sorry to derail... but I'm putting it the hands of a public defender. But by all means find someone you can afford if you think they'll give it their all. I personally decided I cannot afford what most wanted to take to trial which would cost a shit fuck more. Most take payments as well. Half up front and the rest broken down over a few months was the most common offer to me.

Clove
05-09-2008, 03:24 PM
I wouldn't know, so I'll take your word for it.You can take Beth's word for it.

Clove
05-09-2008, 03:25 PM
Anyways sorry to derail... but I'm putting it the hands of a public defender. But by all means find someone you can afford if you think they'll give it their all. I personally decided I cannot afford what most wanted to take to trial which would cost a shit fuck more. Most take payments as well. Half up front and the rest broken down over a few months was the most common offer to me.I'll bet you buy the cheapest gun supplies too.

Sean of the Thread
05-09-2008, 03:32 PM
I'll bet you buy the cheapest gun supplies too.

Depends what they're for. Currently I've sold out my entire collection and equipment minus a few hi-capacity magazines and my sig229.

I see your point but WHEN I could afford it my armory was normally top of the line. If I could afford it NOW... my attorney would be top of the line as well.

And to top off the dark cloud I've got hanging over our 1 month old microwave died. Such is life.

AestheticDeath
05-09-2008, 03:38 PM
Well, I did get in contact with someone from my insurance. Tried to get the gal that handled the claim, but kept getting her machine. Anyhow this other lady told me it was nothing to worry about, that they should take care of it and all that.

She is not a lawyer I don't think, but she said she doesn't think anything will come of it, since the claim was already seen to in arbitration. Since it was given a 50/50% liability my insurance didn't pay her anything, and hers didn't pay out to me or my insurance. Or something like that.

Anyhow, I just faxed the major portion of it to the company, and mailed the rest, after making copies for myself.

Now I guess its just a wait and see.

But yeah, insurance 'should' handle everything for me as far as attorneys and whatnot. Thankfully. Being after hours and closed or getting message machines, makes you go crazy trying to make sure there is another avenue of escape!

Nieninque
05-09-2008, 06:22 PM
Why the fascination with "dozy bint"?

Clove
05-09-2008, 09:51 PM
I see your point but WHEN I could afford it my armory was normally top of the line. If I could afford it NOW... my attorney would be top of the line as well.Don't bitch out when it comes to criminal charges.

Clove
05-09-2008, 09:52 PM
Why the fascination with "dozy bint"?We're so over that.

Lucas
05-09-2008, 10:56 PM
First of all, you're not going to jail. This is a personal matter between you and this family. What is most interesting about your situation is that they took 13 months to finally decide to sue you. This tells me a few things.

A.) Her family needs money and becomes opportunists.(judge will take this into consideration.)
B.) Even though she was hit by you, if you hit her at the side of the car then you might have not really been at fault. Your description of the scene was sorta vague but I'm guessing thats what happened.
C.) If all else fails, you have to present yourself as a undesirable target. "Hey, I'm broke!". They can't hound you for the rest of your life, if you don't got the cash... thats it. This is civil court, not criminal.

Really, due to your status as a poor person you're pretty much protected in this case. Yay! One benefit for being poor. If you own assets and things though, you may have some problems. But if you're a broke and about to be kicked out onto the street like me, then baby just smile and nod through court knowing nothing can touch you.

P.S. I heard male strippers make over 100k a year working 3 nights a week. Do you think I can be one?

Keller
05-10-2008, 01:28 AM
First of all, you're not going to jail. This is a personal matter between you and this family. What is most interesting about your situation is that they took 13 months to finally decide to sue you. This tells me a few things.

A.) Her family needs money and becomes opportunists.(judge will take this into consideration.)
B.) Even though she was hit by you, if you hit her at the side of the car then you might have not really been at fault. Your description of the scene was sorta vague but I'm guessing thats what happened.
C.) If all else fails, you have to present yourself as a undesirable target. "Hey, I'm broke!". They can't hound you for the rest of your life, if you don't got the cash... thats it. This is civil court, not criminal.

Really, due to your status as a poor person you're pretty much protected in this case. Yay! One benefit for being poor. If you own assets and things though, you may have some problems. But if you're a broke and about to be kicked out onto the street like me, then baby just smile and nod through court knowing nothing can touch you.

P.S. I heard male strippers make over 100k a year working 3 nights a week. Do you think I can be one?

Did you sign up on this forum to become a professional student punching bag?

Kyra231
05-10-2008, 04:24 PM
While I can't give you any advice you haven't been given already in terms of "GET A LAWYER NOW", I CAN tell you what it's like to be on the receiving end of a lawsuit for debt repayment and losing.

Without going into specifics, a lawyer representing a company with interests against my former company sued me as personally liable for repayment of a debt. I started making payments on the judgment and had to stop because I simply couldn't afford it for two months.

This is according to GA law, but the sequence of events went as follows:

Day 1) They sent me a letter via registered mail. This suffices as "notification of the defendant" by GS law. They took this information to court and got a judge to sign off on garnishing my bank account.

Day 2) All the money in my bank account was gone, and any monies deposited for 30 days hence would be seized as well. I called their lawyer and arranged a new payment plan (for over twice what I was paying before) in order to keep him from garnishing my wages.

Day 3) I got the notification of a registered mail waiting for me.

If I didn't make and keep the repayment plan, their next step would be to seize the contents of my bank account again, then garnish my wages. According to GA state law, this is up to 25% of PRE TAX income. But I can't go to jail for it, because I'm not breaking any laws.

Get a lawyer, now. Most lawyers will listen to you and give you a free consultation and advice on how to proceed. Most likely this will be "retain my services". If you lose the suit, and it's massive, consider bankruptcy. It fucks your credit for 7 years, but maybe better that than paying for the rest of your life because some irresponsible girl who got knocked up wants an easy life.

Heading to the courthouse for w/e county this was filed in & asking for a 'stop garnishment' paper(even if it's not titled as such I'm sure the clerks will know what you mean), can help lower garnishments even after the judge has set an amt.

It was a good $25.00 spent for me as I could NOT afford to pay the 25% they wanted to take from my $9/hr pay on top of the daycare I was paying & bills, etc. I put in an amt I could pay & authorized my work to take it out for me.

Just another option most people don't seem to know about. It's worth it if you really can not afford the payments they set up & it's certainly not advertised as being an option when your garnishment papers are served.

~K.

g++
05-13-2008, 10:32 AM
My sister had a similiar problem with a cab driver that knifed her car coming out of a left turn suing our family for a mil even. His case was so bad his lawyer dropped it when he realized our insurance wasnt going to offer them 50 grand to just drop it. A lot of law firms will file these things assuming insurance will offer a sum of money to not go to court at all. We still got a lawyer on it though. I think Lucas is severely under estimating how terrible the govnt can make life for you.

AestheticDeath
05-30-2008, 10:02 PM
My insurance appointed a firm thats in another county, like 2-3 hours away.

Is there anyway to demand they appoint someone closer? I will be calling them tomorrow, to ask about it, but was wondering if anyone else had done this?

Khariz
05-30-2008, 10:20 PM
My insurance appointed a firm thats in another county, like 2-3 hours away.

Is there anyway to demand they appoint someone closer? I will be calling them tomorrow, to ask about it, but was wondering if anyone else had done this?

Basically, no.

Sean of the Thread
05-30-2008, 10:29 PM
My sister is an adjuster/claims girl. It seems they will do everything they can to protect you and their pocket books. I'm no expert but perhaps take faith in their direction.

I can give you my sisters number (save it fuckers) if you need some advice on the subject.

You've got to keep in mind that an insurance company has their money mind and will do what ever is possible to keep the bottom line as low as possible whilst gaining proper resuls.

Skeeter
05-30-2008, 11:15 PM
can we get pics to accompany this number?

Sean of the Thread
05-31-2008, 04:31 AM
No number but you may have some pictures. Fucker.

http://i20.photobucket.com/albums/b236/Japgross/col1.jpg
http://i20.photobucket.com/albums/b236/Japgross/col2.jpg
http://i20.photobucket.com/albums/b236/Japgross/col3.jpg


And don't mind my fat ass and crooked tie they caught me of guard sons of bitches.. That's 230lbs of rock the house bitches.

http://i20.photobucket.com/albums/b236/Japgross/fam1.jpg

Skeeter
05-31-2008, 06:57 AM
230 lbs? are you 5'3?

Khariz
05-31-2008, 08:19 AM
230 lbs? are you 5'3?

If he was 5'3" he would look like humpty dumpty. I'll say 6'

Lucas
05-31-2008, 08:49 AM
It always amazed me how fat fucks are able to marry such hot women. It's so imbalanced, and bias against women.

Sean of the Thread
05-31-2008, 12:15 PM
5'9 and I thinking back I was 242 in that pic. I'm down to 230 now.

Mighty Nikkisaurus
05-31-2008, 02:50 PM
It always amazed me how fat fucks are able to marry such hot women. It's so imbalanced, and bias against women.

It amazes all of us how much of a total idiot you are.

Edit: Actually, upon further thought, I guess it is expected now from you.