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-- I'm Being Sued!
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Posted by caddyshack on Apr-06-2004 22:58:

quote:
Originally posted by Boomer187
well in the US pedestrians have the right of way.

dunno bout england thouhg.


true, it's not possible to sue a pedestrian that you ran over. it just doesn't make sense


Posted by trancepixie17 on Apr-06-2004 23:46:

Re: I'm Being Sued!

quote:
Originally posted by dj_cuba
Right, here's the deal..

I got knocked over by a motorbike last December crossing the road on my way back from work. It was my fault as I wasn't looking where I was going when I was crossing. The accident casued a blood-clot on the side of my brain which I nearly died from, although Iam fine now.

This morining I discover a letter from the guys solicitor informing me that he is going to sue me for wrecking his bike and fracturing his wrist. I can't disagree that the accident was my fault, however as Iam only 18 there's no way that I can ever pay if I loose, as I barely have any money. The only defense I have is that the police have never contacted me, so I could say that in their view I did nothing wrong. Please let me know what you would do in this situation.


** Wow, and your boss is an asshole, from what I've collected. Sorry djcuba, oh and wait, cuba, can't have any good luck there?!?
If you need a shoulder to cry on, I'm here


Posted by infinity HiGH on Apr-07-2004 00:36:

I can't wait for the day when everyone is suing everyone else cause they looked at them the wrong way, didn't keep their promise, bought them the wrong drink, took them out on a crappy date.


Posted by Special_K on Apr-07-2004 00:43:

Ummm, here in canada if you get hit by a car or motercycle regardless of how it happend its the drivers fault.

You should have had family contact a lawyer as soon as the accident happend, Dont know what the law is like over there but here you would have gotten a huge settlement. My girlfriend got hit by a car while crossing the street, It was pretty much her fault but she got a settlement out of it.


Posted by Special_K on Apr-07-2004 00:43:

Ummm, here in canada if you get hit by a car or motercycle regardless of how it happend its the drivers fault.

You should have had family contact a lawyer as soon as the accident happend, Dont know what the law is like over there but here you would have gotten a huge settlement. My girlfriend got hit by a car while crossing the street, It was pretty much her fault but she got a settlement out of it.


Posted by Psionic on Apr-07-2004 01:08:

More details about the accident? I bet you got knocked over from when he crashed into you. Did he even stay to see if you were alright or try to get you help? You can sue him for hit n' run probably if that's the case. Plus, you can probably make a defense that the medical bills cost too much and you don't have the money for paying for the guy's repairs.


Posted by Disco_Stu on Apr-07-2004 08:06:

Disco Stu thinks that it would suck to be you!


Posted by Stanza on Apr-07-2004 08:59:

Looking at the subject I thought you were another victime of RIAA's anti piracy crackdown

hehehe


Posted by dukes on Apr-07-2004 12:18:

the person sueing you is basicly an ignorant idiot. i think they fail to realise the very few cases like this that go ahed end up costing THEM more than they are awarded.

talk to a soliciter. dont get an apointment just a quick word and they will advise you without having to create a letter or anything and it will be free. just make sure you dont end up in an apointment. infact the best way to avoid this is by asking them over the phone.

i imagine the soliciter will tell you you dont have much to worry about really. it will never reach court and you wont have to spend a penny on the soliciter.


Posted by narcism on Apr-07-2004 12:49:

If someone damaged my motorbike, i would sue them aswell. He probably is only suing for damages done to his bike and the medical expenses caused due to his wrist.


Posted by Krypton on Apr-07-2004 14:18:

the plantiff is just a greedy fellow. all he wants is your money, even if he forces u to take out loans, etc. to pay off the award money, IF the judge rules in his favor. just get a good reputable lawyer, and most likely, your not going to have to pay the guy anything. b/c it should have been his fault, since you was a pedestrian. ALSO, it was an accident. plead human negligence.

if u do that, u have a good arguement.


Posted by douglasmc on Apr-07-2004 22:17:

quote:
Originally posted by narcism
If someone damaged my motorbike, i would sue them aswell. He probably is only suing for damages done to his bike and the medical expenses caused due to his wrist.


yeah. but he's on a motor cycle.. its not too hard to swerve and miss a 2 foot wide pedestrian. if no cops were involved, call your laywer, and file a counter-suit. if nothing else, just for emotional damage. that will change his mind real quick.


Posted by Kamikaze Badger on Apr-07-2004 23:22:

Technically, he has no rights to sue you. You had the right of way, and it's rather easy to turn a motorbike out of the way of a pedestrian. He'll lose the case most likely. Just get a civil defender, the court will provide you with one upon request.


Posted by DeviantxPete on Apr-08-2004 00:02:

Counter-Suing sounds good...mmmm CS...


Posted by douglasmc on Apr-08-2004 00:14:

that would rule to have that game... Counter-Sue... you could choose the Johnny Cochran skin for the T's. and plant the bloody glove at the enemy spawn point.

and the CT's would have to move the dead bodies of the victims.


i smell a million seller.

de_courthouse (looks like timmy mcveigh is at it again.)


Posted by dj_cuba on Apr-08-2004 13:46:

I should have mentioned that the part of the road I was walking across wasn't a pedestrian crossing. So technically it was his right of way. Will this effect my chances?


Posted by DigiNut on Apr-08-2004 14:24:

quote:
Originally posted by dj_cuba
I should have mentioned that the part of the road I was walking across wasn't a pedestrian crossing. So technically it was his right of way. Will this effect my chances?

No. It's bloody annoying when pedestrians cross the street here wherever and whenever they feel like it, but that doesn't give me the right to run them over.

Call a lawyer, call the police, and do it now. Countersue AND press criminal charges. He probably wouldn't get convicted on the criminal charges but as soon as he finds out you're pressing them, he will likely drop his suit. At that point it's up to you to decide whether or not you want to continue YOUR suit.


Posted by dave25285 on Apr-09-2004 14:46:

You are totaly in the right. He is wrong, as mentioned above try contacting local citizens advice bureau. www.citizensadvice.org.uk In the UK whenever the pedestrian stands on the road it is clased as an extension of the pavement, meaning that you are always in the right.
Also check your home insurance, as these often include free legal cover, and may also pay any thing the guy sues you for. However he would never get anywhere.
He has his bike insured for a reason, and its to pay for things like this.


Posted by Ste on Apr-09-2004 15:19:

quote:
Originally posted by Prodigy Child
Your in England, I've heard things like this not go very far, sueing in England isn't a big thing, becuase not much comes from it, but if you lived here, I would say run for your life, although you coulda probably sued him and got about a million or so....and I ain't kiddin (thats if you lived here).



youve obviously been stuck in clagary WAAAAY too long



"been in an accident which wasnt your fault? call claims direct now!"


Posted by Ste on Apr-09-2004 15:21:

quote:
Originally posted by Special_K
Ummm, here in canada if you get hit by a car or motercycle regardless of how it happend its the drivers fault.

You should have had family contact a lawyer as soon as the accident happend, Dont know what the law is like over there but here you would have gotten a huge settlement. My girlfriend got hit by a car while crossing the street, It was pretty much her fault but she got a settlement out of it.


thats pretty sick.

i fucking hate people who sue when its not their fault. infact i fucking hate all sueing unless the person being sued was an a grade negligent dont give a shit for peoplees lives nob head. like a boy racer.


sueing anything that goes is a dirty american scurge which has taken over this country, and it fucking pisses me off.


Posted by dj_cuba on Apr-09-2004 15:34:

quote:
Originally posted by Ste
thats pretty sick.

i fucking hate people who sue when its not their fault. infact i fucking hate all sueing unless the person being sued was an a grade negligent dont give a shit for peoplees lives nob head. like a boy racer.


sueing anything that goes is a dirty american scurge which has taken over this country, and it fucking pisses me off.


I wouldn't be suprised if the guy suing me was referred from one of these ambulance chasing firms we have over here


Posted by Rostros on Apr-09-2004 16:14:

Id stay away from Lawyers , because they probabily want more money than your fine might be , The guy has seen 'Compo' all over and he might be able to receive 1000 or 2000 if he puts a claim in.

If it is a year later ? than he has not much chance of claiming a penny ? Was there any witnesses ? Did the police show up ? did they take a statment. The blame might of been equal if there were no witnesses ? its like if i walked down the street and dropped a bannna skin on the floor and david becham slipped on it 2 weeks later , ? And broke his legs , is it my fault ? lol. My brother opened a car on a cyclist comming down and the guy went flying into the road and nearly died, they tried to sue him , but he had no choice, trust me everything is gonna be ok. Hes No chance.


Posted by dj_cuba on Apr-09-2004 16:37:

quote:
Originally posted by Rostros
Id stay away from Lawyers , because they probabily want more money than your fine might be , The guy has seen 'Compo' all over and he might be able to receive 1000 or 2000 if he puts a claim in.

If it is a year later ? than he has not much chance of claiming a penny ? Was there any witnesses ? Did the police show up ? did they take a statment. The blame might of been equal if there were no witnesses ? its like if i walked down the street and dropped a bannna skin on the floor and david becham slipped on it 2 weeks later , ? And broke his legs , is it my fault ? lol. My brother opened a car on a cyclist comming down and the guy went flying into the road and nearly died, they tried to sue him , but he had no choice, trust me everything is gonna be ok. Hes No chance.


I don't know if there were witnesses at the time the accident took place, but the police have never contacted me once since. I have now got an appointment with a solicitor next week so I will ask him whether I can use that to my advantage.


Posted by dukes on Apr-09-2004 19:19:

quote:
Originally posted by dj_cuba
I don't know if there were witnesses at the time the accident took place, but the police have never contacted me once since. I have now got an appointment with a solicitor next week so I will ask him whether I can use that to my advantage.


you should not have gotten an apointment

you really would be suprised the amount of information you can get from them over the phone for free!

christ i delt with soliciters for 6 months and i spent �0

all you need them for is to get them to contact the other persons soliciter BUT only if neaded! if they tell you over the phone that its a load of shit then you dont have to do anything!


Posted by bobba lou on Apr-09-2004 20:00:

ur fuced!


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