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-- Got Sued for about 330K ... shockin amount ... Need advice
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Posted by Ace_of_Spades on Aug-24-2007 02:24:

Arrow Got Sued for about 330K ... shockin amount ... Need advice

About 2 years ago, when I was a stupid teen I got into an accident with TTC. I was fully at fault since I failed to stop at the stop sign and due to bad timing a TTC bus was just passing by in a perpendicular direction.
In the result of the collision my dad's 2003 Accord got ride off. I could have died since the bus hit me from the driver side, many called it a miracle that I was 100% healthy. However someone in the bus was apparently injured and was taken away by paramedics.
I really thought that the crisis was over till just now that I received a "statement of Claim" in which the plaintiff claims against me, my dad, TTC and the bus driver for:



I have 20 days to defend this claim and I should react soon.
And I really am horrified at the moment and absolutely hate myself for what happened, however I wanna deal with this myself and I need some help and advice.
Basically any input would be appreciated.


Posted by DigDeep on Aug-24-2007 02:30:

can't offer any advice, but only wish you the best of luck dude......

good you alive and healthy - shitty you now have to deal with this.

good luck


Posted by Big Boss on Aug-24-2007 02:32:

Talk to a lawyer, pronto...


Posted by Mortyman on Aug-24-2007 02:32:

Pay someone half that amount to have that person bumped off
Seriosuly though, I wouldn't even know where to begin if I were you man. Sorry this happened to you


Posted by Jem_hadar on Aug-24-2007 02:33:

whoa. holy shit. man... dont even know what to say... speachless.

my world would fucking crumpled around me the moment I'd have read that if I'd received that. fuck...


best of luck in dealing with this man... ...


Posted by activate on Aug-24-2007 02:38:

I assume you had liabilty insurance?

Assuming you did, then let the insurance company worry about it. That's the whole point of liability insurance

and the insurance company will fight tooth and nail to avoid paying anything.

also, unless the injuries were very severe (ie broken limbs, permanant disabled etc..) then the chances of them actually getting anything close to that amount are non existant.

but ya... call a lawyer for advice for sure.


Posted by Jem_hadar on Aug-24-2007 02:40:

OH YEAH! insurance should help cover if, if u had liability.

oh yeah. im loving insurance all of a sudden lol.


Posted by activate on Aug-24-2007 02:42:

and another thing... if they were able to take you to court.. no court is going to actually put a million dollar judgement against a kid. this isn't the US. they take into consideration the basis for the claim and what the person being sued can actually afford. The average person probably makes probably just over a million dollars in their entire lifetime. it's not reasonable to expect that they should work their entire life and not recieved a cent of what they make.

but ya... hopefully you had liability insurance


Posted by kotsy on Aug-24-2007 02:43:

That's fucking BALLS, man.
I'd honestly cry.


Posted by monishb on Aug-24-2007 02:47:

As activate said check for liability insurance, and talk to a lawyer so grab the yellowpages and start calling.. I know a lawyer but i dont know if he deals with any of this kind of stuff.


Posted by anjew on Aug-24-2007 02:49:

GET A FUCKEN LAWYER AND HURRY.
DON'T PROCRASTINATE ON THIS!!!


Posted by teufel-man on Aug-24-2007 02:55:

I'm no expert or anything..... but yeah this obviously does seem shocking and scary at first, but i think it seems a lot worse than it actually is

first of all, as mentioned before, isnt the point of pay $xxx amount of dollars a month of car insurance so that you dont have to deal with this sorta thing personally when it happens

second of all, obviously contact a lawyer because they can obviously give you much better advice than any of us can

and third of all, the $1m claim or whatever is obviously unrealistic, otherwise you woulda probably got this lawsuit right after the thing happened, also see if they are allowed to sue you 2 years after the fact..... i am guessing this sort of thing would usually be settled out of court for a small percentage of what they are actually asking for

btw i dont actually know what i am talking about, i am just using common sense more or less

but first thing to do is talk to a lawyer


Posted by bossi on Aug-24-2007 02:59:

LOL ^ you OBVIOUSLY have to get a lawyer. ASAP!

You cannot drive a car (legally) without a minimum of third party insurance. This is covered for all damages up to one million dollars.


Posted by activate on Aug-24-2007 03:01:

quote:
Originally posted by teufel-man
and third of all, the $1m claim or whatever is obviously unrealistic, otherwise you woulda probably got this lawsuit right after the thing happened, also see if they are allowed to sue you 2 years after the fact..... i am guessing this sort of thing would usually be settled out of court for a small percentage of what they are actually asking for



there's big business in suing after car accidents. Not like in the US, but insurance companies will often pay settlments just to get people off their backs. Not huge.. but 10-20k settlments are pretty common.

also I'm sure the question will definitely come up as to why this person is suing now and now 2 years ago. Assuming they were severily injured they naturally would have been in touch with both yours and the TTC's insurance company to cover the cost of rehabilitation.


Posted by teufel-man on Aug-24-2007 03:06:

quote:
Originally posted by activate
there's big business in suing after car accidents. Not like in the US, but insurance companies will often pay settlments just to get people off their backs. Not huge.. but 10-20k settlments are pretty common.

also I'm sure the question will definitely come up as to why this person is suing now and now 2 years ago. Assuming they were severily injured they naturally would have been in touch with both yours and the TTC's insurance company to cover the cost of rehabilitation.


yeah i was thinking a settlement under 30k would be likely... if this person gets any money at all

and i think there is some sort of rule, maybe its for criminal charges or something, but it was something along the lines of you couldnt charge the person later than 6 months after the accident, so there is probably a similar law for suing someone, otherwise, you could get in some sort of accident and decide not to sue... until 5 years later when you get into money trouble, then you decide to sue...

overall, i think you have nothing to worry about, lets hope so at least


Posted by bossi on Aug-24-2007 03:10:

I totally missed that this happened over 2 yeara ago. I wouldnt even stress at this point. I got into an accident where the case was not settled within 2 years and the courts just thew it out. They have a name for for it but i cant remember.


Posted by MarkT on Aug-24-2007 03:16:

were you criminally charged as a result of the accident (e.g. criminal negligence, impaired driving, etc.)?

if not, I think your liability component of your auto insurance policy should cover it. a million $$$ is standard, but I think you *must* have 200k minimum, so you should be fine, no?


Posted by devnull on Aug-24-2007 03:20:

i second activate's claims re: insurance


one thing i hate about ontario is that you can sue others when injured in car accidents. Thats why insurance is sooooo fucking expensive.

In quebec for example, when you're injure the guv. (Societee assurance Auto) covers the injuries and ur insurance covers damaages.

Thats why ull see retarded lawsuits like that.
and even if they were to be allowed the full $1M, the insurance company of the suer would get most of it and the injured a small portion..


Posted by Abercrombie on Aug-24-2007 03:40:

SCOTT!!!!!!!!!!!!!!!!!!


Posted by dEsidEL on Aug-24-2007 03:41:



can't someone still sue if their injuries sustained cause more severe symptoms later down the road? i recall my dad once got rear ended by another car at a stop light and suffered back problems but only a few years later after the condition became more chronic & persistent..


Posted by zoogla on Aug-24-2007 03:48:

Something similar happened to a friend of mine when he was 17. The person he hit was an up-and-coming basketball player at the high-school level and his dreams of going to the NBA were shot.

Within a year, he was served a $1.5M lawsuit, personally, and his insurance company ended up paying the WHOLE bill (including substantial legal fees for both parties).

My friend tells me that the whole process was extremely difficult, and in court, a lot of shit was dragged in about his personal life, his character. The plaintiff even hired a private investigator to take pictures and videos of my friend as he left school to monitor his social life, in case there was any dirt he could drag into court to help the plaintiff's case.

God forbid that your case be handled the same way, but just be on your best behaviour from now until this thing is settled (lol it took 3 years for my buddy) and make sure you keep a positive outlook about it. You can learn a lot from this experience.

All the charges against my buddy were dropped, (luckily no one died so it wasn't all that bad) but if you need a good lawyer, I can refer his or even a couple that I consulted when I had my dangerous driving charge dropped.

Let me know, and best of luck!


Posted by teufel-man on Aug-24-2007 03:56:

quote:
Originally posted by dEsidEL


can't someone still sue if their injuries sustained cause more severe symptoms later down the road? i recall my dad once got rear ended by another car at a stop light and suffered back problems but only a few years later after the condition became more chronic & persistent..



i took a business law course over the summer and we went over this exact situation... however i dont remember what the 'answer' was... anyways pick up a law textbook at the library and look up tort law... you'll find it in there... or just talk to a lawyer hahaha

but once again, i dont really think you have much to worry about in terms of you or your father having to pay anything personally out of yoru pocket


Posted by Ace_of_Spades on Aug-24-2007 04:12:

Thank you all for all the kindness and input ... Had to go out for a quick run to regenerate.
quote:
Originally posted by activate
I assume you had liabilty insurance?

Assuming you did, then let the insurance company worry about it. That's the whole point of liability insurance

and the insurance company will fight tooth and nail to avoid paying anything.

also, unless the injuries were very severe (ie broken limbs, permanant disabled etc..) then the chances of them actually getting anything close to that amount are non existant.

but ya... call a lawyer for advice for sure.



Yes I have liability insurance and to be honest when I saw the amount I thought I was hit by a storm. But you�re right, insurance is supposed to cover to some large extent.
And in regards to her injuries it�s claimed that the plaintiff has
quote:

sufferd from serious and lasting permenant injuries to her neck, knees, hands, back and legs, chronic muscle spasms and physical, emotional and nervous upset and trauma, together with a general tearing and straining of the muscles and ligaments throughout her body.


And I was not impaired nor I had any sort of criminal charge at the time of accident.
quote:
Originally posted by activate
also I'm sure the question will definitely come up as to why this person is suing now and now 2 years ago. Assuming they were severily injured they naturally would have been in touch with both yours and the TTC's insurance company to cover the cost of rehabilitation.


I think you must be right and they can't sue after a couple of years. However I messed up big time. The reason I'm kickin myself is the horrible thing that I did. Just before the 2 year deadline someone from an insurance company called me and asked me for an interview for environmental purposes. Not goin into details but at the time I was having tough times and was not focused enough to acknowledge the trap. I basically explained them everything and admitted that It was my fault and signed it in some paper. I know I know very stupid move ... god ... I thought I was doing a good thing for the society by telling him the truth. So I think this whole claim possibly has revived because of my stupid move.

I will contact with a lawyer about this and see what will happen. I'm truly sorry for what happened to her but definitely there's been some sort of exaggerations here. And the insurance adjuster's dirty job has just motivated me to fight this as far as I can.


Posted by UmmiE on Aug-24-2007 04:22:

Dood this is really messed up, I hope things workout for you and wish you good luck


Posted by Ace_of_Spades on Aug-24-2007 04:25:

quote:
Originally posted by fayraree
The plaintiff even hired a private investigator to take pictures and videos of my friend as he left school to monitor his social life, in case there was any dirt he could drag into court to help the plaintiff's case.

God forbid that your case be handled the same way, but just be on your best behaviour from now until this thing is settled (lol it took 3 years for my buddy) and make sure you keep a positive outlook about it. You can learn a lot from this experience.

All the charges against my buddy were dropped, (luckily no one died so it wasn't all that bad) but if you need a good lawyer, I can refer his or even a couple that I consulted when I had my dangerous driving charge dropped.

Let me know, and best of luck!


Seems similar to my case in a sense that the insurance authorities do anything to win and play immensely dirty!

please pm me the contact number of your lawyer. I think I should start lookin around for some exprienced ones.

You're compeletly right. I'm utterly focused now and will do anything to defend myself and lead to a deservable and fair outcome.


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