difficult child being Sued!

Discussion in 'The Watercooler' started by saving grace, Dec 7, 2007.

  1. saving grace

    saving grace New Member

    Back in July while on his way to his drug test in a not so great section of a not so great nearby town difficult child barely scuffed the back end of a 1988 honda accord. He was with his girlfriend, he called me right away and told me he didnt know what to do, there was no damage to our car with the exception of a scuff on the lower front bumper, he said he couldnt tell the actual damage on the other car because it was beat up to begin with but he said he would guess some bumper damage as well. He was nervous and felt bad because he said there was a women with 2 children in the car, they didnt speak english and were on the phone. He exchanged papers, a cop drove by, asked if everyone was ok then drove away.
    about a month and a half later we get notice that they filed a report saying they had personal injury to 3 adults! I fought with the insurance company for a week, they came out and looked at my car, the inspector had to ask where the damage was, and he said "are you kidding" there was 222.04 dollars worth of damage and that was to sand and repaint the scuff on my bumper.
    The insurance company said the other car at 900$ or something dollars to their car most of which was labor to replace the bumper. I fought it and then never heard back fromt he insurance company.

    Today in my mailbox was 2 letters with difficult child's name on the front hand written with no address, inside each was a copy of a summons saying that he was being sued for medical expenses and pain and suffering to the tune of 27,000 combined!!! are they kidding!!!
    first off there were not 3 adults in the car which he cant prove the cop didnt stop. The summons says he has to reply to it withing 20 days,

    What does that mean? does he need a lawyer? this is absurd. does anyone have any legal experience with these things?

    Grace
     
  2. meowbunny

    meowbunny New Member

    Call your insurance company. They should be able to take care it.
     
  3. hearts and roses

    hearts and roses Mind Reader

    Definitely call your insurance company. They will ask you to send them anything you've received. Make sure my make copies (2) of everything for your file in case anyting gets lost or mishandled.

    This is an insurance issue - it will probably be dropped or settled. It is too bad the cop didn't make a report at the time. But I think it will all be okay. For $27,000 they can't go after your family's personal assets as everyone must carry, by law, at the very minimum $100,000 in coverage.

    Take a deep breath, this will be okay.
     
  4. 1905

    1905 Well-Known Member

    This exact thing just happenend to us about 3 weeks ago. The insurance company will deal with this. After you call them, difficult child will fax the paperwork to them. They will handle everything. difficult child won't be responsible for a penny. I posted here when this happenend, titled, "We are being sued". The ins. companys are used to people having fender benders, and then someone in the other car thinks they won the lottery. Don't worry.-Alyssa
     
  5. nvts

    nvts Active Member

    Don't you hate getting those letters? I swear, when I got the first one for husband, I almost lost bladder control. Then my "insurance" background kicked in, faxed the letter to my company and they took care of the whole thing.

    I guess what gets to me the most is that they'll settle it, even though the plaintiffs in these cases are theives and liars.

    Oh well, so much for "righteous indignation". It ultimately becomes "righteous indigestion"!

    Beth
     
  6. saving grace

    saving grace New Member

    Originally we were contacted by the insurance company when they said there was personal injury, they said they would investigate We went back and forth for a week or so then I didnt hear anything else, now I get this letter. I am thinking that maybe the insurance company denied it and now they are coming after him personally? can they do that? I will call the insurance company first think Monday morning. Of course it comes on a Friday afternoon so I cant do anything about it all weekend!!

    Thanks Guys
    Grace
     
  7. TerryJ2

    TerryJ2 Well-Known Member

    Yes, you definitely need to follow up with-your ins. company. Especially since the people in the other car lied. And they already had damage. Too bad your difficult child was so nervous he didn't think to take a picture of the cars with-his cell ph. What a hassle.

    Oh well, so much for "righteous indignation". It ultimately becomes "righteous indigestion"!

    You said it, Beth! :thumbsdown:
     
  8. 1905

    1905 Well-Known Member

    The follow-up will prove that the insurance co. will take care of everything. We had the same type letter, the ins. co. wasn't listed as a defendant-we were. And still, they will do everything. I was freaked out not knowing too, but the others on this board assured me, and now I'll assure you....Don't worry.-Alyssa
     
  9. nvts

    nvts Active Member

    Sorry I saw this so late. As long as there was coverage on the vehicle, they will handle it. The initial conversation with thems about personal injury was so that they could put "x" amount of dollars in a "reserve". This allows the insurance company to "guestimate" what it will cost them for the accident.

    Not to worry, you're fine.

    Beth
     
  10. saving grace

    saving grace New Member

    Thank you everyone, you were all right. I called the insurance company first thing Monday and they said they would take care of it. Phew!! My blood is still boiling over this, how dare these people lie and play with peoples lives this way, its lies all lies and its not fair. UGH!

    Grace
     
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