I've been served!!!

[jmdt]

I wake up this morning to a loud pounding on the door. My brave husband and my equally brave 21 yr old son hear it and are peeking out the window downstairs. I think it is my husband who left his keys in the house and accidently locked himself out. (do I know my husband?? haha) I go to the door, in my pj's and open it and there is a man there with a clipboard. He asks me my name and hands me 2 papers. One for me and one for my 20yr old daughter!!!
She was in an accident in Rhode Island in September while going to visit her then boyfriend at college. She gets hit 1 mile from the college by a livery cab driver. He proceeds to push her car all the way through the intersection and up on the diagonal corner on the curb. He went through the light!!!! My niece, who was in the passenger seat immediately saw him and told my daughter that this guy is not stopping. Anyway she is in a little VW Beetle, he is in a Lincoln!!! Her car was crushed. She now is stranded 4hrs away and my husband and I proceed to make the trip to get her and my niece. Thank God no one was hurt, just a bit shaken. The police officer was so nice he drove them to the college. Her car was now up there for 6weeks getting fixed to the tune of $8,000!!! We had to rent a car and everything for her. There were no witnesses so its his word against hers. But I say my niece is a witness!! right?? There was no need for any ambulances at the scene at all. Now today I see he is suing me and my daughter for medical bills, time lost from work, damages to his car. He wants a jury trial in superior court. I've never ever even been in court ever so I don't know the procedure. My insurance co should have taken care of it. I do know that my insurance co paid for my damage and supposedly his paid for his damage because they couldn't prove any negligence on either part.
Now I'm pissed and shaken up a bit. My husband is calling the insurance co as soon as he gets to work.

[jeanm1963]

Where was her vehicle hit?
Did either of them receive a ticket that day.
Yes your daughters passenger is a witness and your daughters insurance company should have spoken to her via phone after the accident.
Do you have a copy of the police report? Even if no tickets were issued there is a police report if they came to the accident.
Usually in most cases SOME ONE is 51% at fault.
Contact your insurance company ask to speak with the claims person who handled the case for you, they will likely send someone to court with you as your policy should cover this.
I have done auto insurance for 15 years.

[My Sophia]

I would seriously consider getting your own attorney or at least speaking with one even if he doesn't end up going to court with you. Anyone the insurance company sends to court is going to be working for them, not you, and will be focused on protecting their interests. At least talk with someone who's going to be focused on what's best for your daughter, not the insurance company. Glad the girls weren't injured seriously, from what you described it could have been a much worse outcome.

[Micah my love]

I am so glad no one was hurt...

[jmdt]

These is the pictures that my neice sent me from the scene. There were no tickets given at the scene because there were no witnesses. My daughter and my neice were asking the cop if there were cameras at that corner because they were so in the right.!!

[Ringo1]

You should contact your insurance carrier right away to let them know you have been served. They should provide you with a defense.

I'm not familiar with the laws in the state where the loss occurred - but it sounds like a red light/green light ~ he said/she said kind of thing. A witness would be MOST helpful - your passenger is a witness but would be considered a somewhat biased witness.

Unfortunately, baseless lawsuits happen all the time but I'm sorry that it happened to you!

[gidget529]

I'm so sorry you're going through this. This has got to be upsetting, to say the least. I agree w the above posts about contacting your ins co to see what they say about who paid what and what fault was assessed.

I would also agree w the post about it being a frivolous suit. Unfortunately, there are unscrupulous lawyers/ppl out there. Superior court, to my knowledge, is for larger settlement cases - like when ppl have the wrong leg amputated by a hospital.

Was the guy really injured? (or I should say, what is he claiming happened to him?)

[J_is_my_initial]

Did you get a copy of the police report? If not, get one asap! In it should be the police's info on what happened. when dd had her wreck I tried to tell her to get a copy to ck for any errors. But she never did, letting the ins handle it.
For example: When my bil was in a wreck several yrs ago, a woman ran through a redlight from a side road. My db was on the main road with a green light. He was young and our sister was with him. The cop wrote it up that the lady was on the road bro was on and that he was on the road she was really on. My sis was not a good witness as she is somewhat mentally challenged. Dad took the report to the cop's super with pics who agreed the accident could not have happened the way the cop said. They had to change the report.

Good luck. Get your own atty if possible.

[Lil Sis]

I would contact the police officer that was at the reck. Also, I think they can "recreate" the accident by the damage to the cars. It should be apparent that he hit her by the damage.

Good luck

[jmdt]

I do have a police report. My husband called the ins. co. and they said don't worry they will take it from here. I think what happened is that the guy who was driving the livery car got fired or something because of this. The person who owns the car is not suing it's the guy who was driving. His employers insurance co. should pay his medical bills. My insurance co. lawyers will handle it. This jacka$$ is saying she hit him!!! I would love to know when for the first time he was seen by a doctor???
Gotta say though her little Beetle withstood a hard hit. Look at the front of his car!!! Made of tin!

[Patti]

I am glad the insurance company is going to handle everything. A few years back my husband was hit by a lady that went through a red light and he was turning. No witnesses of course. She sued us for 120,000.00 but our insurance only covered up to 100,000.00. But our Insurance company took care of everything and settled for 60,000.00. I was so mad, she went through the red light and got 60,000.00 because she said her finger was permanently damaged and she couldn't work. But at least the insurance companies deal with this so we don't have to. Glad she and your niece were ok.

[deonk1]

I sure hope all works out, my mom is in a battle with an insurance company because a guy hit her horse trailer because he fell asleep at the wheel and crossed the center line. Totally his fault (empty trailer all were physically ok). She's making a claim for mental suffering and loss of income (she owns a barn and now can't trailer horses) and it's taking forever.

It's all a big head ache, and having filed loads of paper work for my mom in this issue, I really hope you get things sorted out, it can be a pain in the butt when it doesn't get fixed by the insurance company.

Also, glad your daughter and niece are safe, and unharmed.

[jmdt]

Thanks everyone for your well wishes. What a way to wake up!!! I have had a headache and a neck ache all day. Tension!! My daughter is so mad right now because she said, "he hit her", "he ran the light" how could he say she was negligent!!
I'm sure it will all pan out but it is just aggravation!!

[Ringo1]

Originally Posted by jmdt

Thanks everyone for your well wishes. What a way to wake up!!! I have had a headache and a neck ache all day. Tension!! My daughter is so mad right now because she said, "he hit her", "he ran the light" how could he say she was negligent!!
I'm sure it will all pan out but it is just aggravation!!

Well maybe Greed will be the best of him and the truth will FINALLY come out ~ now that suit has been filed and your insurance company can do a little more digging.

Keep us posted and don't worry.