Frivolous Lawsuits Do you have enough auto liability coverage?

m00npie

Long story short, I rear ended a son & father on I-95 in CT going up to VT for a ski trip a few years ago. No damage was done to their vehicle and there was $400.00 in damage to my front bumper. I just got a summons in the mail the other day from their legal team. There are suing me for hundreds of thousands of dollars because my negligence caused them permanent physical & emotional distress. They appeared to be just fine after the accident… but the son claimed his back hurt so I had to call an ambulance for him.

My insurance company is pissing me off since they tried to settle with them already. The amount they offered was declined because they want more. I told the legal team I wanted to hire a PI to find them doing something physical to prove they have no injuries. Cooler heads prevailed and they talked me out of it. They need to get sworn testimony from them indicating what they can and cannot do and then they will hire the PI to try to catch them doing the “Can’t do” This lawsuit has fraud written all over it but you know they will still get money.

Lesson learned… A typical auto policy has 100/300k in liability coverage. I would recommend everyone to reconsider going to a 250/500 and then get an umbrella policy on top of it. More money I know, but just imagine if you did hit someone that caused life threatening damages into the millions… The insurance company only pays what they are obligated to pay if you’re lucky. Any thing above that, you are responsible for it.

venomclan

That sucks Moon, sorry to hear that. Our country is slipping into total control of fear of litigation. Thanks the lawyers for that. Public schools now forbid kids from playing tag. It is insane and will lead to our demise.
V

PolkThug

ugh, sorry to hear this. people suck. The fact that no damage was done to their car, should be a pretty good indicator they are full of BS.

bobman1235

Screw the lawsuit, just have them whacked.

Fucktards are ruining the insurance industry, which is 90% of the reason the health care industry sucks. I wish someone would finally stand up to this nonsense and make a federal case of it and finally incite some change for the better, rather than just spiralling down like we have been.


Sorry, rant, good luck to you man.

shack

For this very reason I put both my kid's cars in their names, wrote insurance under their names, I give them an allowance (that is used to pay the premiums), plus I have a $2MM umbrella. Fortunately my two best friends are attorneys, so I won't wrack up serious legal bills if someone comes after us with something frivolous. One of them in particular loves to go after the **** who do this sort of thing just for the sport.

bobman1235

shack wrote: »

One of them in particular loves to go after the **** who do this sort of thing just for the sport.

My kinda lawyer. Drag em through the mud

ohskigod

this stuff happenns all the time, what makes this unique is the insurance is offering what is free money, and the "injured" is too greedy to just take it. Might be that this guy has an exceptionally greedy lawyer. if they want too much money, to where it is actually worth it for the insurance company to go to court, it would be a rarity indeed.

this is the game, the subpeona you got is basically the other attorney flexing his muscle, as if to say "i'm ready to go to court". I think your insurance company is already shockingly aware there was no damage to the car and this claim is BS, which is why they might very well go to court because this is one of the 1% of cases where it is not worth paying them off, because the number dont make sense. if it goes to court, I wouldnt lose sleep. no damage to the other car?, this aint gonna break 300k, no way.

steveinaz

If this crap keeps up (lawsuits) I'm gonna be forced to run for president.

m00npie

shack wrote: »

One of them in particular loves to go after the **** who do this sort of thing just for the sport.

Can they practice in the state of NY? I'll hire them to counter sue them. I have no idea what I would sue them for but it can’t be anymore frivolous than what they have. Everyone around me keeps telling me, this is why you have insurance, let them handle it, don’t get yourself worked up about it… yada yada yada

F___ that, these MF’ers need to have a message sent. I’m tired of not only hearing about these lawsuits, but now I’m involved in one.

Ok, it just came to me…

I’ll sue them for emotional distress as well. Their suit against me has caused me great emotional pain and has left me depressed. As a result of this depression, I have squandered thousands of dollars on Audio equipment in the last 6 months to keep myself happy.

Snowballs chance?

ohskigod

brotha, I know this is easier said than done, but you have to not worry about it. believe me, I would feel the same way you do, but these scumbags are trying to get money out of the insurance company, not you. the insurance company is the cash cow, Insurance companies have to deal with this, and they will. Like I said, the fact this is going to court will work against them. no damage to the car? most judges arent idiots, this might be one of those cases where the Judge says "go into a room and settle this"

when a judge says that, it means he is already in the mindset that the matter should have nevr been brought in front of him in the first place. the party who he deems in his mind to be the unreasonable one will get d*ckslapped at trial.

I used to be an expert witness for an automotive finance company and I have been in that situation before.

bobman1235

This thread is evidence, you're so distressed you're pouring your heart out to a bunch of strangers

I hate the "this is what insurance is for" attitude. Just lay back and take it up the keister because it's the easy way out, in the meantime the overall problem just keeps getting worse. People who start these lawsuits knows no one fights them, that's why they do it. Until people start fighting back, it's just gonna keep happening.

ohskigod

this problem will not be solved by moonpie, it must be solved by our lawmakers. but they wont.
moonpie freaking out will solve nothing. the insurance company is responsible to pay, so it is there decision wether to fight in court or jack up the settlement offer. given the lack of damage to the other car, they'lle probably fight if the other side is being unreasonable

each political party has things that suck about them. this is a Dem's suck thing.

madmax

bobman1235 wrote: »

This thread is evidence, you're so distressed you're pouring your heart out to a bunch of strangers

Stranger than who?
madmax

m00npie

These A-holes are suing the state of CT as well to try to get money out of the states uninsured motorist policy. How, I don’t know, but their story is someone cut them off and caused them to stop on I-95 and then I hit them.

It sounds like they have a good lawyer. To think, their lawyer might be the next John Edwards or John Kerry both of which were ambulance chasers if memory serves. It pains me to think my settlement may help their career. I just threw up in my mouth.

ohskigod

more proof there focussing on the cash cows. Its just going to be one of those wierd cases. If this is that unique, the lawyer will make a name win or lose. he might still be a part of making case law either way.

like I said, you cant lose sleep over it.

treitz3

I was in the car in front of them that the car you hit didn't even hit. You haven't received the letter from my lawyer yet? I'm going to sue my lawyer!

m00npie

treitz3 wrote: »

I was in the car in front of them that the car you hit didn't even hit. You haven't received the letter from my lawyer yet? I'm going to sue my lawyer!

I do recall seeing some idiot from NC on the road that day with a big NASCAR sticker on their car.

treitz3

Idiot? That's Senor' Jackass to you! hehehe....:p [or however you type it....]

I wouldn't lose any sleep over it, man. I've been hit with **** lawsuits before and nothing ever came of it.

rskarvan

I was once "almost" in an accident. I was speeding along at about 70 in 50 on a two-lane road and this old man in front of me slammed on his brakes after he crested the hill (out of view from me). I saw him and reacted quickly and ALMOST rear-ended him. If it weren't for ABS... I am certain that I would have hit him. The guy got out of the car and started shaking his fist at me. I reversed about a half a mile and took a left turn. Our vehicles never came in any contact at all.

I think the old man was trying to set me up for a potential lawsuit. Why else would he drive this way?

neomagus00

rskarvan wrote: »

II think the old man was trying to set me up for a potential lawsuit. Why else would he drive this way?

um... old people are cool like that?

seriously, though, no worries about the case. the fact that their lawyer rejected the settlement means one of two things: 1) they are in fact damaged and have indeed suffered the distress they claim (or, more accurately, he believes that he can show the truth of this in court, whether or not it's actually true) or 2) he knows he has no case and is grasping at straws

if it's 2), you're set, cause the insurance lawyers will rip him to shreds in court. if it's 1), they''ll present the logic of 'no damage to car' -> 'several years delay' -> 'sudden back injury' -> 'no case'...

long story short, you have nothing to worry about, i wouldn't be surprised if they're trying to pay off a gambling debt or something of the sort

Strong Bad

Moonpie, I wish you the best of luck bud! Sounds like the scumbags are just out for an easy buck.

Back in '97, I'm driving to work in the morning. A guy falls asleep at the wheel and hits 5 of us stopped at a traffic light, finally slamming hard into a truck in another lane at the same light (2 lanes). My driver side rear quarter panel gets bent in. I get his info (as does everyone) and call my insurance later in the day. Cops are there taking statements as well. Well, we later find out that his insurance lapsed because he didn't pay up. Yep, uninsured motorist. I have to pay a deductable ($500) to get my car fixed. I file small claims against him in court and he just disappeared, nowhere to be found! Never got it settled!

Read this article that came out today in the Baltimore Sun. WTF is going on in this country???

http://www.baltimoresun.com/business/yourmoney/bal-bz.consuming12jun12,0,7278385.column?coll=bal-home-columnists

I'm going to call my insurance Co. and up things to include umbrella coverage. Goddamm sue happy F***ers!!!!

John

MSALLA

It's a scam. People like this use a lawyer, the lawyer has a doctor (usually more then one) that is in on it that claims damage to the back or neck or something hard to prove. The doctor will be linked to a small rehab facility and the person will have to show up for a year or so to build up fees from the doctor and the rehab unit. The claim amount is for 3 times the medical bills so the higher the better. Lawyer get 33% doctor gets payed his high fees, and the "victim" gets the rest.

marker

Everyone should have an "umbrella" policy for just in case they are sued.

A million $$ worth of coverage typically runs from about $500 to $700 a year, and you usually get it in conjunction with your car insurance.