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-- Got Sued for about 330K ... shockin amount ... Need advice
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about 7 years ago my mother hit a 27 year old lady. she was making a left hand turn at a stop sign and didn't see the woman. 2 years minus a day the chick sues my mother for 1.1 million, saying she had whiplash (pretty much exactly what u have against you). her brother and mother were also listed in the claim. they stated a 'loss of companionship and help with chores around the house'. they asked for another 1 million. court took about 2 years and it was settled for just over 4000$. my mother went to court once.


ps. good luck

Unless someone went flying out of that bus head first and did a face plant on the concrete, there is no way you'll end up paying the entire 375K. I'm no lawyer, but chances are you'll end up paying less then 10k if that.

lol, you signed what without consulting a lawyer? thats just outrageous, you've set your self up pretty bad

if the insurance company ends up paying for you, then you will probably end up reimbursing them through hefty premiums

^^

Ya I know , I messed up. . However the charges are not only against me so the claim's inevetable.

On the side note, I pleaded guilty for this from the begining when the officer was taking a report. So I think they already had enough proof, and this is just an icing on the cake.

I'll talk to a lawyer tommorow and will clear things out.

quote:

Originally posted by Mortyman Pay someone half that amount to have that person bumped off

pfft... you dont even need that much.
hell, i would do it for less than half.

Re: Got Sued for about 330K ... shockin amount ... Need advice

Time for some advice from your friendly neighbourhood insurance adjuster (who specializes in bodily injury claims nonetheless)

quote:

Originally posted by extacy_bomb the sum of 750K for general damages the sum of 250K for special damages prejudgment intrest on all sums awarded from sep28,1999 to the date of payment or judgment pursuant to the provision of section 138 of the courts of justice act, 1984; their costs of this action; and post-judgment intrest on all sums awarded from the date of judgment herein to date of payment pursuant to the provision of section 139 of the courts of Justice Act, 1984;

The above is a "boiler plate" prayer for relief. Do not be worried about the figures, they are not reflective of the persons actual injuries/damages or their right to recovery. These numbers are chosen by lawyers because they add up to $1,000,000 plus costs and interest (which is the policy limits that most people carry). They claim these numbers in the statement of claim because whatever they put in the statement of claim is the maximum that the judge or jury will be able to consider should the matter actually proceed to trial (very rare).

FYI, the maximum amount payable for non-pecuniary (general) damages under tort law in Canada is approximately $319,000. Note: this is the absolute maximum.... the plaintiff would need to be a severely disabled to receive this award, ie. quadraplagia or extreme brain injury.

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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.

CONTACT YOUR INSURANCE COMPANY ASAP. Your liability insurance will cover all costs to defend you and will pay all awards made against you; however, you need to hand over control of the case to them. In truth, your involvement in this entire process will be minimal... you'll probably need to give a statement and maybe attend Examinations for Discovery (a fancy way of saying the plaintiff's lawyer will ask you some questions), but otherwise you will really not be involved.

I DO CAUTION YOU - If you do not get in touch with your insurance company ASAP you may void your coverage, if you attempt to resolve this on your own you may void your coverage. DO NOT ATTEMPT TO DEAL WITH THIS YOURSELF (EVEN WITH A LAWYER). This is why you pay insurance premiums, to protect you from things like this, take advantage of it.

If you have further questions I urge you to contact me via PM, I will help as much as I can.

I do believe there is a statute of limitations on civil claims, but the plaintiff is probably claiming that the injuries and therefore damages were endured over a long period of time...

My first piece of advice is to get this thread deleted and then get a lawyer.

The second cardinal rule of internet message boarding after never post where you work is DO NOT DISCUSS PERSONAL LEGAL ISSUES ONLINE.

The third rule is don't take legal advice from people on a message board. You can be mislead very quickly by someone who thinks they are helping but doesn't actually know what they're talking about.

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Originally posted by Skipper I do believe there is a statute of limitations on civil claims, but the plaintiff is probably claiming that the injuries and therefore damages were endured over a long period of time...

The Limitations Act (Ontario) perscribes that the limitation period for tort actions is two years from the date of which the aggrieved party became aware of the cause of action. Some people believe this to mean they have two years from the date of the accident, they are wrong. In Ontario you do not have a right of action for injuries sustained in an automobile accident until such time as those injuries become serious and permenent. This is to say that the plaintiff can issue a statement of claim 2 years after they DISCOVERED that the injuries they sustained are permenent and serious.

I was going to add my two cents but moral took them out of my pocket.

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Originally posted by activate the insurance company will fight tooth and nail to avoid paying anything.

Incorrect, the insurance company will fight tooth and nail to pay as little as they can.... paying something is inevitable. I've paid claims to people that had no provable injuries simply because giving them $5000 is cheaper then defending the action.

quote:

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.

The chances of them gettin $750,000 generals in Canada are NIL. Also a quick FYI, boken limbs are almost worthless if they heal normally, 45K - 65K if it requires internal fixation (that's prior to the $30,000 deductible... so it's really 15-35K depending on the bone).

I can already picture what this claimant is like, how the accident benefit claim is going and who the lawyer is.

The fact that the claimant was on the bus is all the information I need to tell this is a soft tissue injury with chronic pain and psychological issues...all injuries where there doesn't need to be medical documentation to show they are injured. You are probably looking at a $20,000.00 claim minus the $15,000.00 deductible.

if your dad has insurance and you were covered, you have nothing to worry about. Your insurance will be fighting that person in court or looking to settle for MUCH LESS than $1 million (lol).

The only thing is that since you are (male?), were young when you got into the accident (and are still young) and were totally at fault...your insurance is going to be uglier than fucking sin for the next 5-10 years! srsly!

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..

back in September, I was hit by a car at about 50kmph while I was walking across the road very intoxicated. I went to the hospital with a mild concussion and some cuts, sore muscles but the doctor in Emergency said he was amazed that I came out so well (I was pretty lucky not to have been killed actually).

Anyway two months down the road I noticed my shoulder became more stiff and sore, especially in the morning. Eventually I went to the doctor and they did some tests and just like that, torn rotator cuff. Muscle damage is so fickle and doesn't always show up right away!

quote:

Originally posted by Moral Hazard The Limitations Act (Ontario) perscribes that the limitation period for tort actions is two years from the date of which the aggrieved party became aware of the cause of action. Some people believe this to mean they have two years from the date of the accident, they are wrong. In Ontario you do not have a right of action for injuries sustained in an automobile accident until such time as those injuries become serious and permenent. This is to say that the plaintiff can issue a statement of claim 2 years after they DISCOVERED that the injuries they sustained are permenent and serious.

this is what I was suggesting.

In any case, can we please try to stop giving legal advice? I can't emphasize enough how important it is to go get a lawyer RIGHT NOW.

quote:

Originally posted by Skipper this is what I was suggesting. In any case, can we please try to stop giving legal advice? I can't emphasize enough how important it is to go get a lawyer RIGHT NOW.

He doesn't need a lawyer as long as his father had insurance on the vehicle....the liability portion of the policy will respond. If there is even a chance that settlement of the claim will be over the policy limit for liability then the insurance company will advise that a lawyer is needed.....but I HIGHLY doubt this would even come close to the liability limit under the policy.

Getting sued (and suing) is a part of life (and nothing to worry about [unless you have done something wrong]). Trust me.

Get a good personal umbrella policy ($2mm) through your insurance company and get familiar with a good law firm (for civil matters).

Welcome to the club! Your membership card is in the mail.

Mostly sound advice. Especially about getting a lawyer. Call your insurance company, they already know about the claim against you and probably already have a lawyer assigned to the case.

I was sued for a mil too.
so was my friend.

That is standard procedure in these cases. So is filing a week before the two years is up. Don't know why they always wait till the last minute.

Both cases I mentioned settled out of court after a few years.

I'm sure the claim accuses you of all sorts of things too....
mine and my friends although years apart looked almost identical except for our names.

Anyways Good Luck, just remember any settlement is paid by your insurance, (unless you were intoxicated, that voids most liability insurance and you are facked).

quote:

Originally posted by ChemEnhanced He doesn't need a lawyer

Maybe he should decide that after speaking with one.

quote:

Originally posted by Skipper this is what I was suggesting. In any case, can we please try to stop giving legal advice? I can't emphasize enough how important it is to go get a lawyer RIGHT NOW.

I'm giving insurance advice, which I'm duely qualified and licenced to do.

quote:

Originally posted by Skipper Maybe he should decide that after speaking with one.

PLEASE TRY TO UNDERSTAND THIS - When one purchases an Automobile Liability insurance policy they bestow upon their insurer IRREVOKABLE power of attorney for all Tort claims advanced against them resultant from any incident involving the subject motor vehicle. Independently consulting counsel is NOT ADVISABLE. He should, nay MUST, contact his automobile liability insurer IMMEDIATELY. The INSURER has the EXCLUSIVE right to defend or pay claims and direct counsel for all claims within the scope of the policy. If he infringes upon those rights he voids his protection.

Your recommendation that he consult someone is sound, unfortunately you are recommending the wrong person. That said, any lawyer he talks to will tell him the exact same thing I have... CALL YOUR INSURANCE COMPANY!

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Originally posted by Zentac_75 I'm sure the claim accuses you of all sorts of things too.... mine and my friends although years apart looked almost identical except for our names.

Yeah, the allegations are normally "boiler plate" (the same on nearly all personal injury auto claims): Failed to maintain proper lookout, was unqualified to operate a vehicle, was impaired, failed to maintain the vehicle in proper working order, was operating the vehicle in an unsafe manner, failed to maintain proper control of the vehicle, etc.... they include every possible avenue to claim negligence because if it isn't in the Statement of Claim it cannot be argued later.

quote:

just remember any settlement is paid by your insurance, (unless you were intoxicated, that voids most liability insurance and you are facked).

Intoxication DOES NOT void any motor vehicle LIABILITY coverage in any Canadian province or territory.

quote:

Originally posted by Dj Smitty20 back in September, I was hit by a car at about 50kmph while I was walking across the road very intoxicated. I went to the hospital with a mild concussion and some cuts, sore muscles but the doctor in Emergency said he was amazed that I came out so well (I was pretty lucky not to have been killed actually). Anyway two months down the road I noticed my shoulder became more stiff and sore, especially in the morning. Eventually I went to the doctor and they did some tests and just like that, torn rotator cuff. Muscle damage is so fickle and doesn't always show up right away!

i have a very similar story, i was hit by a car going approx. 50 km, but i wasnt intoxicated. doctor also said i was lucky i didnt die, i got lucky and i jumped and hit the windshield thank god, which gave in so i didnt get too hurt.... but yeah now my shoulder is fucked, i throw a baseball once and my arms just kills, i think the problem is my rotator cuff too..... but yeah the cop gave me a j-walking ticket, therefore putting the blame on me so i couldnt sue the guy...

quote:

Originally posted by teufel-man i have a very similar story, i was hit by a car going approx. 50 km, but i wasnt intoxicated. doctor also said i was lucky i didnt die, i got lucky and i jumped and hit the windshield thank god, which gave in so i didnt get too hurt.... but yeah now my shoulder is fucked, i throw a baseball once and my arms just kills, i think the problem is my rotator cuff too..... but yeah the cop gave me a j-walking ticket, therefore putting the blame on me so i couldnt sue the guy...

I love how you get hit by a car and injured and then to top it off YOU get fined for j-walking.

quote:

Originally posted by Dj Smitty20 back in September, I was hit by a car at about 50kmph while I was walking across the road very intoxicated. I went to the hospital with a mild concussion and some cuts, sore muscles but the doctor in Emergency said he was amazed that I came out so well (I was pretty lucky not to have been killed actually). Anyway two months down the road I noticed my shoulder became more stiff and sore, especially in the morning. Eventually I went to the doctor and they did some tests and just like that, torn rotator cuff. Muscle damage is so fickle and doesn't always show up right away!

FYI, you can still advance a claim. A torn rotator cuff is worth $60-80K depending on whether it is partial or full thickness and whether is requires surgical intervention or not. A $30K deductible applies to that so you're looking at $30-$50K... plus some money for housekeeping, special damages, wage loss (if you lost any), loss of competative advantage (possible depending on injury and individual circumstances). The fact that you were intoxicated makes very little difference as a motorist is always at fault for a collision with a pedestrian unless they can prove otherwise... which in my experience only happens if the pedestrian is attempting suicide or runs into a parked vehicle. If you were crossing anywhere other then a crosswalk then you'll be found to be partially liable and will have a reduction in your award pro rata to your liability (likely 20-30%). I'd call a lawyer if I were in your shoes.

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