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Can you believe I got served 2 days before New Years? I'm being sued.

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MissMillie Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-04-10 08:46 AM
Original message
Can you believe I got served 2 days before New Years? I'm being sued.
That car wreck I was in down in FL (I was there to help drive people to the polls) when I ended up w/ staples in my head. The guy is suing my brother (I was driving his car) for > $15,000.

From what I understand, between my brother and I, we're covered to the hilt and the insurance companies will take care of it (starting w/ his--I guess that's how it works in FL).


But what a way to end the year! That guy walked away from the accident. I'm the one that was taken away in an ambulance. And if his medical expenses weren't covered, why didn't he take it up w/ his insurance company? They most certainly would have come after our insurance companies.

He's looking for money.

I could care less about the damned money. Just the inconvenience that bugs me.

I wonder how he sleeps at night.

(Ironically, the guy was in another accident one month later... you bet he doesn't want to go to a jury w/ this, you know, with him being the common denominator and all.)
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flvegan Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-04-10 08:52 AM
Response to Original message
1. Florida, an ambulance chasing lawyer on every corner.
Now I'm not saying the guy isn't really hurt, I have no idea. However, I do know my state and one thing we do have an AWFUL lot of are "institutions" set up to get every accident victim in the door. Once in the door, you'll get all the "documented medical care" and then legal advice based on that care that you could ever hope to have. Almost any insurance company in the world will throw $20k at anyone with a lawyer to just go away. Uh, I mean "settle."
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MissMillie Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-04-10 08:55 AM
Response to Reply #1
3. I was told there was a lot of fraud in FL
I don't know if he's all that hurt either.

I think if he were hurt, we would have been hearing more from our insurance companies (either my brother's or mine) all along (such as X-amount of dollars were paid out for this doctor for treatment of "abc").

Not a peep in almost 14 months.
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asjr Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-04-10 11:20 AM
Response to Reply #3
11. My sister and her husband, an attorney, live
in FL and when she comes to see me I get an earful. She wants to move away so bad it hurts.
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peekaloo Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-04-10 08:55 AM
Response to Original message
2. Every other commercial on the tee vee is some law firm offering
their services for traffic accident "victims" who make the statement they only get paid IF you win the case. The defendant may have a lil surprise when his "settlement" is paid out should he win.

For a better explanation than I can provide look up Florida's No Fault insurance program.

Good luck.
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jmowreader Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-04-10 11:28 PM
Response to Reply #2
19. Which means either...
the lawyer knows insurance companies would rather settle than fight, or he only takes cases he's positive he can win. Or both.
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BlueIris Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-04-10 09:36 AM
Response to Original message
4. That's messed up...sorry you have to go through this. nt
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blueamy66 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-04-10 09:40 AM
Response to Original message
5. I'm sorry that you are going through this.
People will never cease to amaze me.

I cannot stand people that are involved in accidents that sue for unnecessary reasons.

That's what auto/medical insurance is for.

I can understand gettting your car fixed and having your medical bills paid, but some of this pain and suffering $ is outrageous.



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charlie and algernon Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-04-10 09:47 AM
Response to Original message
6. I was in an accident once because my brakes failed
I was driving a company van and the brakes just failed and I slammed into the back of another vehicle. The lady I hit was making a big deal about her neck hurting UNTIL the cop checked out my brakes and saw that, yes, the brake line had snapped and brake fluid was flowing onto the street. Once he told the woman that information, her neck "magically" got better. :eyes:

Glad to hear that your insurance company will help cover you, though it sucks you even have to go through it in the first place.
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suninvited Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-04-10 10:10 AM
Response to Original message
7. Florida is a personal injury protection state
which means he has already crossed the 2,000 dollar threshold needed to file a suit. Lawyers have the connections to get the threshold surpassed in no time at all.
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Bunny Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-04-10 10:48 AM
Response to Original message
8. Well, I can tell you how I slept at night.
Twelve years ago a young guy pulled out in front of me, and I was unable to stop in time and smacked into him. The impact caused my car to ping-pong from one side of the road to the other, hitting the guide rails until I finally managed to bring the car to a stop in a ditch. I also 'walked away" from the wreck, although I did see a doctor the next day as a precaution because I was very stiff and sore. Tests were run and luckily I wasn't hurt in any significant way. All of my medical expenses were covered by insurance.

My two-year old car, on the other hand, was trashed. The only problem was that the insurance company refused to total it, and spent over $9K on 'repairs'. I complained very loudly at the time about their decision not to total the car, but I found out that you're really kind of helpless in situations like this. After months of one thing after another going wrong with that 'repaired' car, and my continuous complaints to the insurance company about it, the transmission (damaged in the accident and allegedly repaired afterward) finally went out, leaving me stranded along with road, at night, with my two small daughters in the car.

That's when I called a lawyer and sued the guy who hit me. All I wanted was a new car to replace my damaged one, and I was determined to get it no matter what. Well, my big lawsuit (for pain and suffering, basically) didn't yield enough to pay for a new car, but it gave me a nice down payment for one and I had to be satisfied with that. My lawsuit had nothing to do with the guy who hit me (he seemed like a nice guy who just made a mistake) and I had no intention of hurting him. I was just determined to get what I saw as justice from my insurance company. Twelve years later I'm still a little irritated by the whole thing.

Anyway, I'm sorry you're being sued but there may be more to the story than you're aware of.
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MissMillie Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-04-10 11:03 AM
Response to Reply #8
9. but you were in constant contact w/ the insurance companies involved
over that period of time, right?

I can understand what you went through and your reasons for it.

This guy hasn't filed any claims since the original accident, 14 months ago. Not a peep.

He drove a big truck, which I assure you was not damaged anywhere near as much as my brother's car was (and my brother's car was not totaled).

This guy is just out for money.
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Bunny Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-04-10 11:16 AM
Response to Reply #9
10. Yeah, sounds like he might be out for a big payday.
I've heard that FL makes it really easy to cash in.
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Deep13 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-04-10 11:23 AM
Response to Original message
12. My uncle served his wife with divorce papers New Year's Eve.
She was evading service and that was the one time he knew she would be home.
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Tuesday Afternoon Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-04-10 12:04 PM
Response to Reply #12
13. ouch
x(
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Deep13 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-04-10 02:07 PM
Response to Reply #13
18. No choice. She was evading service.
Apparently back in MA where they live, service is still by sheriff. Here in OH we use certified mail. If that comes back unclaimed, we can serve by regular mail. In one case where I represented the wife who had filed for divorce, I had my business partner made a special process server and serve the husband with the summons at his DUI hearing. Again, it was a place where we knew we could find him.
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JVS Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-04-10 01:17 PM
Response to Reply #12
17. Nice!
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Maine-ah Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-04-10 12:07 PM
Response to Original message
14. who was at fault ?
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tigereye Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-04-10 12:54 PM
Response to Original message
15. if it's any consolation, the insurance companies usually do a great job with
this sort of thing. Sorry to hear it and best of luck. But it is a pain when this kind of thing occurs right at year-end or holidays.


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Inchworm Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-04-10 01:12 PM
Response to Original message
16. I believe it - one day before Thanksgiving
literally.

I was in court being officially asked to move. I owe the landlord no money and I may have spoke with him 10 times in 10 years. He gets checks in mail and I basically maintain the house. For 6 of the 10 years my furnace needed work each fall and for 9 of these years the roof leaked all over. I lost one computer and a king size bed because of that fact.

A few days before the court date cops came to the door with papers. I don't take kindly to suprise visits by the law and that almost ended badly. I could not reach LL to discuss any of this prior to and he wasn't very talkative at court other than... "there is no rush, do it at your time, no hard feelings, blablabla"

:rant:

I'm outty :P

Sorry to rant in your thread. I hope it all goes well for you. Dang stupid butthead humans!

:grr:

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