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Serious info needed..

Started by mally69, April 28, 2008, 08:42:17 PM

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mally69

April 28, 2008, 08:42:17 PM
OK, This is what happended. 2 years ago I took the charger out and was on a cruise to another town and I was on a one way street when this kid in a WRX decided to pass me and he almost took the side of my car off trying to do this, and wrecked into a lady and hit a pole at about 60 MPH at the end of the one way street at the intersection.  Well I went and put in my reports of what happended and the cop tryed to charge me of drag racing which was total  :icon_bs:  bull crap. Well I took that to court and was found innocent which I was. And the kid who recked was High on mary jane and also drunk when he wrecked.  Now this is 2 years later and the sheriff comes to the door to deliver a paper. The paper is from the lady that the kid driving the wrx wrecked into. This is all it says.....  ( You are hereby notified that the following plaintiff, womens name, has commenced an action against you) ....   What is this about, is that lady that the other kid wrecked into trying to sue me for some thing ???  Does anyone have any idea or info on what is going on with this..

Old Moparz

#1
April 28, 2008, 09:17:29 PM
Almost sounds like the woman might be calling you as a witness, but you never know these days. "You are hereby notified that the following plaintiff, womens name, has commenced an action against you" could mean a lot of different things. Might be a much better idea to talk to a lawyer before you put your foot in your mouth. If you don't want to get a lawyer, maybe someone within the courts that you're going to can tell you? A clerk? Whatever you do, make damn well sure you know who you're talking to first.   :Twocents:
               Bob               



              Going Nowhere In A Hurry

JimShine

#2
April 28, 2008, 09:20:14 PM
I agree, talk to a lawyer. She probably hired a lawyer that is going after everyone associated with the incident to shake down some money.

Ponch ®

#3
April 28, 2008, 09:21:42 PM
Quote from: mally69 on April 28, 2008, 08:42:17 PM
OK, This is what happended. 2 years ago I took the charger out and was on a cruise to another town and I was on a one way street when this kid in a WRX decided to pass me and he almost took the side of my car off trying to do this, and wrecked into a lady and hit a pole at about 60 MPH at the end of the one way street at the intersection.  Well I went and put in my reports of what happended and the cop tryed to charge me of drag racing which was total  :icon_bs:  bull crap. Well I took that to court and was found innocent which I was. And the kid who recked was High on mary jane and also drunk when he wrecked.  Now this is 2 years later and the sheriff comes to the door to deliver a paper. The paper is from the lady that the kid driving the wrx wrecked into. This is all it says.....  ( You are hereby notified that the following plaintiff, womens name, has commenced an action against you) ....   What is this about, is that lady that the other kid wrecked into trying to sue me for some thing ???  Does anyone have any idea or info on what is going on with this..

What O.M. says...talk to a lawyer before you go any further.

Still - My guess is that since you were charged with street racing, she's probably trying to argue that you were an "accomplice". I also presume that she's doing this just before the statute of limitations runs out.
"I spent most of my money on cars, birds, and booze. The rest I squandered." - George Best

Chrysler Performance West

TK73

#4
April 28, 2008, 09:27:17 PM
Where is our legal counsel??

LAST??

VAIN??

:scope: :scope: :scope: :scope: :scope: :scope: :scope: :scope:
1973 Charger : 440cid - 727 - 8.75/3.55


Now watch what you say or they'll be calling you a radical,
      a liberal, oh fanatical, criminal.
Won't you sign up your name, we'd like to feel you're
      acceptable, respectable, oh presentable, a vegetable!

Old Moparz

#5
April 28, 2008, 10:00:37 PM
Quote from: TK73 on April 28, 2008, 09:27:17 PM
Where is our legal counsel??

LAST??

VAIN??

:scope: :scope: :scope: :scope: :scope: :scope: :scope: :scope:


What's wrong?.......You don't like Ponch?   :D
               Bob               



              Going Nowhere In A Hurry

Ponch ®

#6
April 28, 2008, 10:04:10 PM
Quote from: Old Moparz on April 28, 2008, 10:00:37 PM
Quote from: TK73 on April 28, 2008, 09:27:17 PM
Where is our legal counsel??

LAST??

VAIN??

:scope: :scope: :scope: :scope: :scope: :scope: :scope: :scope:


What's wrong?.......You don't like Ponch?   :D

I stayed at the Holiday Inn Express... :shruggy:
"I spent most of my money on cars, birds, and booze. The rest I squandered." - George Best

Chrysler Performance West

moparstuart

#7
April 28, 2008, 10:05:17 PM
Quote from: Ponch ® on April 28, 2008, 10:04:10 PM
Quote from: Old Moparz on April 28, 2008, 10:00:37 PM
Quote from: TK73 on April 28, 2008, 09:27:17 PM
Where is our legal counsel??

LAST??

VAIN??

:scope: :scope: :scope: :scope: :scope: :scope: :scope: :scope:
and you play one on tv

What's wrong?.......You don't like Ponch?   :D

I stayed at the Holiday Inn Express... :shruggy:
GO SELL CRAZY SOMEWHERE ELSE WE ARE ALL STOCKED UP HERE

TK73

#8
April 28, 2008, 10:06:49 PM
Quote from: Ponch ® on April 28, 2008, 10:04:10 PM
Quote from: Old Moparz on April 28, 2008, 10:00:37 PM
Quote from: TK73 on April 28, 2008, 09:27:17 PM
Where is our legal counsel??

LAST??

VAIN??

:scope: :scope: :scope: :scope: :scope: :scope: :scope: :scope:


What's wrong?.......You don't like Ponch?   :D

I stayed at the Holiday Inn Express... :shruggy:

Next time use the shower and the soap...   :nana:

Are you the new partner of the firm Last, Glory and CHIP ??
1973 Charger : 440cid - 727 - 8.75/3.55


Now watch what you say or they'll be calling you a radical,
      a liberal, oh fanatical, criminal.
Won't you sign up your name, we'd like to feel you're
      acceptable, respectable, oh presentable, a vegetable!

PocketThunder

#9
April 28, 2008, 10:34:02 PM
Dewie, Cheathem, and Howe?
"Liberalism is a disease that attacks one's ability to understand logic. Extreme manifestations include the willingness to continue down a path of self destruction, based solely on a delusional belief in a failed ideology."

Ponch ®

#10
April 28, 2008, 10:37:59 PM
Speaking of Vainglory...I think he's taking to lawyer traits too well.

Last time I hung out with him in Vegas, we saw the super hot chick walk by and I said "I'd like to f--k her!" and he said "F--k her out of what?"
"I spent most of my money on cars, birds, and booze. The rest I squandered." - George Best

Chrysler Performance West

Todd Wilson

#11
April 28, 2008, 11:22:48 PM
Sounds to me like you are about to get screwed. Very least you will experience legal fees to fight this.


Todd

gasoline_24

#12
April 28, 2008, 11:55:35 PM
It appears she is suing you.  Contact your insurance provider.  Your policy should have a provision that it provides you with an attorney in this situation.  If not call a lawyer.  What state are you in?

mally69

#13
April 29, 2008, 03:07:30 AM
I live in PA..

Just 6T9 CHGR

#14
April 29, 2008, 07:53:28 AM
Quote from: Ponch ® on April 28, 2008, 10:37:59 PM
Speaking of Vainglory...I think he's taking to lawyer traits too well.

Last time I hung out with him in Vegas, we saw the super hot chick walk by and I said "I'd like to f--k her!" and he said "F--k her out of what?"

:haha:
Chris' '69 Charger R/T

Goodz

#15
April 29, 2008, 08:10:37 AM
YEAH, i WOULD TELL MY INSURANCE COMPANY ABOUT IT, AND SINCE YOU WERE CLEARED FROM DRAG RACING ON A PRIOR CHARGE, ITS CALLED DOUBLE JEOPARDY.  YOU CANT GET CHARGED AND TRIED FOR THE SAME THING TWICE.  FIND OUT WHAT SHE IS TRYING TO GET YOU FOR AND YOU MAY BE ABLE TO GET IT THROWN OUT.
"If there are two ways to interpret something I said, and one of them offends you, I meant the other one."

dodgecharger-fan

#16
April 29, 2008, 08:41:42 AM
but criminal and civil suits are two different things.
Definitely get a lawyer. She's got one that smells the money in your bank account.

TK73

#17
April 29, 2008, 08:42:41 AM
Quote from: Goodz on April 29, 2008, 08:10:37 AM
YEAH, i WOULD TELL MY INSURANCE COMPANY ABOUT IT, AND SINCE YOU WERE CLEARED FROM DRAG RACING ON A PRIOR CHARGE, ITS CALLED DOUBLE JEOPARDY.  YOU CANT GET CHARGED AND TRIED FOR THE SAME THING TWICE.  FIND OUT WHAT SHE IS TRYING TO GET YOU FOR AND YOU MAY BE ABLE TO GET IT THROWN OUT.

Not a lawyer here, however it would appear he was cleared of criminal charges, personal liability is a different issue.  Think OJ.
1973 Charger : 440cid - 727 - 8.75/3.55


Now watch what you say or they'll be calling you a radical,
      a liberal, oh fanatical, criminal.
Won't you sign up your name, we'd like to feel you're
      acceptable, respectable, oh presentable, a vegetable!

RECHRGD

#18
April 29, 2008, 08:47:26 AM
Malley69-----The accident was obviously YOUR fault.  You were intentionally driving a classic vehicle with a strong racing heritage, that also resembled a vehicle that had a starring roll in a recently released film about little ricers racing through city streets.  Whether or not you actually raced the little prick or not, your car was to blame for his actions.  No one could expect a young and immature mind high on drugs and booze NOT to have done what he did at the sight of your car.  This accident never would have happened had you not been driving on that road with THAT car.  CASE CLOSED. :icon_smile_big:  I should have been a lawyer.  Bob
13.53 @ 105.32

Goodz

#19
April 29, 2008, 08:53:45 AM
Quote from: RECHRGD on April 29, 2008, 08:47:26 AM
Malley69-----The accident was obviously YOUR fault.  You were intentionally driving a classic vehicle with a strong racing heritage, that also resembled a vehicle that had a starring roll in a recently released film about little ricers racing through city streets.  Whether or not you actually raced the little prick or not, your car was to blame for his actions.  No one could expect a young and immature mind high on drugs and booze NOT to have done what he did at the sight of your car.  This accident never would have happened had you not been driving on that road with THAT car.  CASE CLOSED. :icon_smile_big:  I should have been a lawyer.  Bob

LOL :iagree:
"If there are two ways to interpret something I said, and one of them offends you, I meant the other one."

Brock Samson

#20
April 29, 2008, 10:00:14 AM
 seriously, what kind of insurance do you have and with what company?..

She is probably listening to her lawyer, who's telling her she has a case against you and your insurance will pay her for lost wages and pain and suffering,.. It may hinge on what she told her attorney and her version of events.
For example she said... "two cars were drag racing"... and naming you as the "other" car...
Something like this happened to me in 2000, ten minutes into my first drive in my "finished" R/T  :brickwall:
the case was thrown out after three days in court because her version of events obvioulsy didn't match the vehicle damage and jury could see that. In my case she indeed caused the accident making a left turn in my path accross a double yellow apparently trying to make a u turn in the middle of a two lane street but, she said I plowed into her 50 feet further along at the light as she was making a "right" turn at the light... She said I was racing.
After the case was thrown out my attorney shared with me this was her eighth similar suit.
contact your insurance company even though her company will send them the suit as well...
stay calm, this will pass.

Todd Wilson

#21
April 29, 2008, 10:54:37 AM
Quote from: RECHRGD on April 29, 2008, 08:47:26 AM
Malley69-----The accident was obviously YOUR fault.  You were intentionally driving a classic vehicle with a strong racing heritage, that also resembled a vehicle that had a starring roll in a recently released film about little ricers racing through city streets.  Whether or not you actually raced the little prick or not, your car was to blame for his actions.  No one could expect a young and immature mind high on drugs and booze NOT to have done what he did at the sight of your car.  This accident never would have happened had you not been driving on that road with THAT car.  CASE CLOSED. :icon_smile_big:  I should have been a lawyer.  Bob


Yup! You are exactly right!


Todd

Todd Wilson

#22
April 29, 2008, 10:55:23 AM
Quote from: Brock Samson on April 29, 2008, 10:00:14 AM
seriously, what kind of insurance do you have and with what company?..

She is probably listening to her lawyer, who's telling her she has a case against you and your insurance will pay her for lost wages and pain and suffering,.. It may hinge on what she told her attorney and her version of events.
For example she said... "two cars were drag racing"... and naming you as the "other" car...
Something like this happened to me in 2000, ten minutes into my first drive in my "finished" R/T  :brickwall:
the case was thrown out after three days in court because her version of events obvioulsy didn't match the vehicle damage and jury could see that. In my case she indeed caused the accident making a left turn in my path accross a double yellow apparently trying to make a u turn in the middle of a two lane street but, she said I plowed into her 50 feet further along at the light as she was making a "right" turn at the light... She said I was racing.
After the case was thrown out my attorney shared with me this was her eighth similar suit.
contact your insurance company even though her company will send them the suit as well...
stay calm, this will pass.


How much did it cost you to deal with it?


Todd

Brock Samson

#23
April 29, 2008, 11:04:33 AM
well my insurance company J.C. Taylor was awesome!!!!
they eventually cut me checks for over $ 7,000.oo to cover the hood valance bumper, fender,.. grill, the high bumper guards (the hardest parts to find) and paint. I got great deals on stull like a complete grill for $250 and the entire car painted for approx $700.oo.
The guys i was getting parts from, were very sympathetic, cause thery knew me and my car from my inital (backyard) resto... so i supect i got the front clip and the repaint for half price, but it took more than two years to repair the damage..  :-\
unfortunatly my car will never be as nice as it was before the crunch...  :shruggy:

TruckDriver

#24
April 29, 2008, 01:18:08 PM
Quote from: RECHRGD on April 29, 2008, 08:47:26 AM
Malley69-----The accident was obviously YOUR fault.  You were intentionally driving a classic vehicle with a strong racing heritage, that also resembled a vehicle that had a starring roll in a recently released film about little ricers racing through city streets.  Whether or not you actually raced the little prick or not, your car was to blame for his actions.  No one could expect a young and immature mind high on drugs and booze NOT to have done what he did at the sight of your car.  This accident never would have happened had you not been driving on that road with THAT car.  CASE CLOSED. :icon_smile_big:  I should have been a lawyer.  Bob

:lol: Sad but true :icon_smile_dissapprove:
PETE

My Dad taught me about TIME TRAVEL.
"If you don't straighten up, I'm going to knock you into the middle of next week!" :P

mally69

#25
April 29, 2008, 08:10:05 PM
I have nationwide insurance as of now and I only have collsion fire and theft, not full coverage. The only thing I don't understand is what exactly could she possibly sue me for, I mean I wasn't racing the kid and I am not the one who hit her. And I was proven innocent in court, Im just trying to figure out any possible thing that this could mean. Just suppose there was a kid riding a bike on that same road when it happend is she gonna try and sue him to?    :scratchchin:

jackel440

#26
April 29, 2008, 09:29:31 PM
mally69,
    I too have nationwide ins.they are really good about taking care of thier customers.call em up and have them help you. :2thumbs:

rt green

#27
April 29, 2008, 09:53:59 PM
if she is going to pull this kind of sh*t, i wonder what you could get her for. unfair is unfair, right?
third string oil changer

gasoline_24

#28
April 29, 2008, 10:11:58 PM
Not to elicit any negative comments, but I am familiar with these matters.  You need to contact your insurance as soon as possible.  You have been served and your clock is now running.  Your insurance will provide you with a free defense.  Anybody with an extra $100.00 can file a lawsuit.  They don't have to win to file the case.

Old Moparz

#29
April 30, 2008, 07:28:29 AM
Quote from: gasoline_24 on April 29, 2008, 10:11:58 PM
Not to elicit any negative comments, but I am familiar with these matters.  You need to contact your insurance as soon as possible.  You have been served and your clock is now running.  Your insurance will provide you with a free defense.  Anybody with an extra $100.00 can file a lawsuit.  They don't have to win to file the case.


And if her lawyer takes the case on "contingency" then she doesn't pay the legal fees (30% to 35%) unless she wins or settles.
               Bob               



              Going Nowhere In A Hurry

mally69

#30
April 30, 2008, 07:41:31 PM
So  you guys are saying is that i need to call and talk to my auto insurance company, correct?

gasoline_24

#31
April 30, 2008, 09:40:34 PM
Correct.  Do it right away.

mally69

#32
May 01, 2008, 05:45:43 AM
I will do that, Thank You.

Goodz

#33
May 01, 2008, 06:46:15 AM
Dont wait.  Like one of the guys said, the second you were served, you are on the clock.  So the longer you wait, the less time you have to prepare.
"If there are two ways to interpret something I said, and one of them offends you, I meant the other one."

68charger383

#34
May 01, 2008, 09:12:54 AM
You have been served with a lawsuit. The old lady is suing you since you represent another pocket (insurance policy limit) and there has been a charge that the accident occurred because of a drag race. Whether you were found innocent or not, the lawyer is playing his cards and he has a good case to make it appear as if this was the case. Who knows what the kid in the WRX will say! He might be saying you were racing him and he had to swerve into the old lady to avoid you zooming/racing past him.

You have a set amount of time to give notice to your insurance company regarding the lawsuit (30 days) they will represent you in the case as part of your insurance policy. Just relax....the old lady is going for your insurance policy money, not going after you. You weren't clear if the charges were dropped or after a trail the judge found in your favor regarding the drag racing charge. If they were dropped, then it could be that they lacked sufficient evidence to pursue it. Believe it or not, your insurance company will probably settle based on these facts for $5-10K just to get rid of the case.
1968 Charger 383(Sold)
2003 Dodge Viper SRT-10

mally69

#35
May 01, 2008, 08:00:48 PM
Quote from: 68charger383 on May 01, 2008, 09:12:54 AM
You have been served with a lawsuit. The old lady is suing you since you represent another pocket (insurance policy limit) and there has been a charge that the accident occurred because of a drag race. Whether you were found innocent or not, the lawyer is playing his cards and he has a good case to make it appear as if this was the case. Who knows what the kid in the WRX will say! He might be saying you were racing him and he had to swerve into the old lady to avoid you zooming/racing past him.

You have a set amount of time to give notice to your insurance company regarding the lawsuit (30 days) they will represent you in the case as part of your insurance policy. Just relax....the old lady is going for your insurance policy money, not going after you. You weren't clear if the charges were dropped or after a trail the judge found in your favor regarding the drag racing charge. If they were dropped, then it could be that they lacked sufficient evidence to pursue it. Believe it or not, your insurance company will probably settle based on these facts for $5-10K just to get rid of the case.

When I was in court there was me and my witness vs. the cop that wrote my ticket and that was it. The cop said we have witnesses  :blahblah: :blahblah:  but they were none in court.  I really would hate to see that lady get any money, becuase thats all she is trying to do..
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