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Got Sued for about 330K ... shockin amount ... Need advice (pg. 4)
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| ChemEnhanced |
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. |
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| Dj Smitty20 |
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 ing sin for the next 5-10 years! srsly! |
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| Dj Smitty20 |
| 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..
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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! |
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| Skipper |
| 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. |
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| ChemEnhanced |
| 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. |
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| rabbitjoker |
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. |
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| Zentac_75 |
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). |
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| Skipper |
| quote: | Originally posted by ChemEnhanced
He doesn't need a lawyer |
Maybe he should decide that after speaking with one. |
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| Moral Hazard |
| 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. |
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| Moral Hazard |
| 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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| Moral Hazard |
| quote: | 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. |
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| teufel-man |
| 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 ed, 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... |
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