What do I do, someone is sueing me for an auto accident almost 2 years ago that wasn’t my fault!!??
Jan 16 2006 I was in an auto accident where I was in the empty carpool lane going 60 (speed limit 65!) because the regular lanes where almost bumper to bumper, but the carpool was free and clear! Well someone older couple from the midwest cut me off over the double line of the carpool lane and caused a massive 3 or 4 car collision.
This party admit fault and their insurance paid for everything for me. Well now a "passenger’ which I hardly recall sent me a summon and someother driver…both of us not at fault…attempting to get rich off of us! i’m no longer with that insurance company as this was almost 2 years ago.
What do I do? The police report clearly states it being the other partys fault…so why did a lawyer take the case??
What can I do?
yes i had a right to be the carpool lane! i was with my then boyfriend who i’ve already contacted to see if he remember any other passengers. I say "passenger" since I only recall two passengers, the at fault couple and my boyfriend. I was hysterical at the time of the accident since it was a total loss of my car so my memory of who was there is unclear. The accident occured on one of the busiest CA freeways known for single commuters any ways.
but I can’t really afford a lawyer, is that my only option? I had a lawyer on my behave sue their insurance company to get some medical costs covered… I plan on going tomorrow to get a copy of my case and the police report filed.
What would be my reason of counter-sue? Unlawful suit? I have no clue, I’m still an undergrad student!
This lady is attempting to get UNLIMITED over 25,000! That is my only cause for alarm! She’s crazy!
Darn, the statute of limitations in CA is 2 years so they did this timing perfectly since in Jan it’s up!
Don’t panic. Get all the documentation from the accident you have and be ready to appear. If you can, consult a lawyer of your own.
Be sure you have all of your insurance documents and a copy of the police report. Don’t accept responsibility for anything. Don’t sign anything until it’s reviewed by an attorney. Don’t give them anything without a formal, written request – keep all of your paperwork. If they want it, have them send a formal request & tell them you will send copies.
A lot of times people will sue to get rich. Sometimes they will sue everyone in the hopes that someone will pay up. This person may have already tried something with the insurance company and the drive at fault and got turned down – now, they could be trying to pick off everyone else on the list.
Stay calm, document everything, ask for copies of transcripts and filings. If at all possible, find an attorney. You may actually need to counter-sue to stop this.
Even if they walk away with nothing, check with the court clerk to be sure they’ve withdrawn the suit.
Be advised, I am not a lawyer – this is just what I would do. Good Luck!
July 17th, 2010 at 9:23 am
go hire a good lawyer. And never plead guilty. face him.
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me
July 17th, 2010 at 9:39 am
call the lawyer and ask if he has seen the police report. if he says he has, then counter sue
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July 17th, 2010 at 9:52 am
Check the statute of limitations. It’s quite possible the incident can no longer be litigated. Are you sure a lawyer has taken the case, or has the passenger sued on his own behalf? Was he actually a passenger? Not sure what the quotation marks mean. If it is within the statute of limitations, and all prior data and conclusions indicate that you are not at fault, I’d consult a lawyer and move for an immediate dismissal of the suit.
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July 17th, 2010 at 10:33 am
get a lawyer first but the reason the other lawyer more than likely took the case was because if you did not have two or more in your car you had no business being in the carpool lane and saying that the other traffic was bumper to bumper as a reason to be there does not fly if everyone went to the carpool lane solo there would be no point in having one it should be just another lane
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July 17th, 2010 at 11:02 am
Don’t panic. Get all the documentation from the accident you have and be ready to appear. If you can, consult a lawyer of your own.
Be sure you have all of your insurance documents and a copy of the police report. Don’t accept responsibility for anything. Don’t sign anything until it’s reviewed by an attorney. Don’t give them anything without a formal, written request – keep all of your paperwork. If they want it, have them send a formal request & tell them you will send copies.
A lot of times people will sue to get rich. Sometimes they will sue everyone in the hopes that someone will pay up. This person may have already tried something with the insurance company and the drive at fault and got turned down – now, they could be trying to pick off everyone else on the list.
Stay calm, document everything, ask for copies of transcripts and filings. If at all possible, find an attorney. You may actually need to counter-sue to stop this.
Even if they walk away with nothing, check with the court clerk to be sure they’ve withdrawn the suit.
Be advised, I am not a lawyer – this is just what I would do. Good Luck!
References :
July 17th, 2010 at 11:36 am
Yes, you clearly need a lawyer because messing up your defense will cost you a lot more, and there are unlimited ways to mess it up. BTW, being in the HOV lane (legal or not) has nothing to do with whether you have any liability for someone hitting your car!
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