Lawsuit

[HG Pennypacker]

A couple of summers ago my wife was in a car accident where she bumped the car in front of her who then bumped the car in front of him. Long story short, it's going to trial in the spring. The police report says that neither he nor his girlfriend suffered any injuries. He and his girlfriend are each suing my wife for $1,000,000 and get this, they are suing the lady that they hit for $1,000,000. My coverage is up to $250,000.

Some questions:

1) Should I retain my own attorney? She is being defended by the insurance company's attorney who, obviously, does not want to pay them either. I'm figuring if they settle, it will be for less than what we are covered for.
2) What are the ramifications if we lose and the judgement is more than $250,000? Can they garnish her wages or go after her business for the rest of her life? Right now, her personal net worth is $-0-.
3) Can they go after me for anything, even though my name wasn't on the insurance?

Thought there may be a personal injury attorney on the board or someone who's been through this.

 

[gymtime]

**crickets chirping**

 

[HG Pennypacker]

**crickets chirping**

LOL....I guess everyone does hate me.

Well, shizzle my nipples.

 

[Bullit]

I guess everyone does hate me.

Well, shizzle my nipples.

Duh.

And no, I will not be shizzling your nipples.

 

[gymtime]

I'm just amazed that you didn't get a ton of insightful and informed responses by now.

 

[beastboy]

I'm just amazed that you didn't get a ton of insightful and informed responses by now.

Probably because HG doesn't find "him" funny.

 

[beastboy]

Duh.

And no, I will not be shizzling your nipples.

Did you get your monkey tits taken care of yet?

 

[HG Pennypacker]

Probably because HG doesn't find "him" funny.

Translation:

My gaping asscrack is ready to accept all elite penises.

 

[Bullit]

This thread is getting good.



btw - shitty situation there HG, good luck fucker.

 

[spentagn]

As far as garnishing wages, that depends on the state. And frankly, I know didly about Gary Sandling fetishes, or the laws of New York. But I did see 25th Hour yesterday, so I hope this helps.

 

[HG Pennypacker]

Worst thread ever.

 

[Citruscide]

A couple of summers ago my wife was in a car accident where she bumped the car in front of her who then bumped the car in front of him. Long story short, it's going to trial in the spring. The police report says that neither he nor his girlfriend suffered any injuries. He and his girlfriend are each suing my wife for $1,000,000 and get this, they are suing the lady that they hit for $1,000,000. My coverage is up to $250,000.

Some questions:

1) Should I retain my own attorney? She is being defended by the insurance company's attorney who, obviously, does not want to pay them either. I'm figuring if they settle, it will be for less than what we are covered for.
2) What are the ramifications if we lose and the judgement is more than $250,000? Can they garnish her wages or go after her business for the rest of her life? Right now, her personal net worth is $-0-.
3) Can they go after me for anything, even though my name wasn't on the insurance?

Thought there may be a personal injury attorney on the board or someone who's been through this.

1. You may not be able to get your own attorney, if you want your insurance to cover any of it. Insurance companies are weird like that... they might say... "Ok, you get your own attorney, but then we are not liable for any damages" -- or limit the amount they are liable for. Unless this insurance guy is a complete doof-wad, I'd stick with him... his interest and JOB depend on him getting the amount lowered... and from your facts presented, if he is HALF of an attorney, it shouldn't be difficult.

2. If you lose and it is more than 250... your insurance will cover the first 250 obviously... (minus the deductable LOL) and the rest will be on YOU... meaning, if you have zero dollars, they can garnish wages... they can't take your house, or your car -- you need that for work/living... but they can attemt to take unnecessary things to pay off the debt.

3. Depending on what state you are in... they may. If you are in a community property state, they may be able to get your community share of property... but not your seperate share.

From the looks of this case, it is one that makes me sick. Two people who aren't injured, suing for 1 million in hopes of getting probably 50-100K as a settlement offer. My mom who had ruptured disks and was in the hospital only got like 250K... and these fucking bozos are asking for a million?!? IF they win, give me your number, I will hunt them down with my POWER OF ATTORNEY and kill them (we get one get out of jail ticket).

Judging from their injuries, they'll need proof... your insurance company should have doctors looking them over... to see the extent of their injuries... MRI's should be shown and explained to the court... with a 1 million damage range, they should have serious trama to the spinal column... If they tried to add emotional distress as a claim, I wouldn't worry about it at all..

C-ditty

 

[HG Pennypacker]

Thanks. I figured that they're trying to make a quick $50K each. In NY state, apparently everyone sues for $1,000,000. That's the max and all attorney's have their clients sue for that amount. In my opinion, that would indicate the frivolousness of the suit.

 

[Citruscide]

Thanks. I figured that they're trying to make a quick $50K each. In NY state, apparently everyone sues for $1,000,000. That's the max and all attorney's have their clients sue for that amount. In my opinion, that would indicate the frivolousness of the suit.

In the Federal rules of Civil Procedure (FRCP) which are adopted and followed in many states Rule 11 is the frivolousness of a claim... now, I don't think there is any rule about claiming an AMOUNT... but only on the claim.

I agree. It should be evidence. If their injuries are 5K and they sue for 1 million, it should be per se evidence they are attempting to file a frivilous lawsuit... because I'm SURE the insurance company would settle with them for their 5K injuries and car damage.

C-ditty

 

[TheProject]

Re: Re: Lawsuit

with my POWER OF ATTORNEY

Harvey Birdman? Is that you?







I know, beastboy. It's another cartoon reference that NO ONE will get.

 

[Bullit]

Re: Re: Re: Lawsuit

I know, beastboy. It's another cartoon reference that NO ONE will get.

Cuz we're grown-ups. .

 

[HG Pennypacker]

Re: Re: Re: Lawsuit

Harvey Birdman? Is that you?
I know, beastboy. It's another cartoon reference that NO ONE will get.

Want a cartoon reference no one will get?

Ravioli, Ravioli, give me the formuoli

 

[TheProject]

Re: Re: Re: Re: Lawsuit

Cuz we're grown-ups. .

Shut the fuck up. You ain't fooling anyone.

sheesh...bullit a grown-up.

 

[TheProject]

Re: Re: Re: Re: Lawsuit

Want a cartoon reference no one will get?

Ravioli, Ravioli, give me the formuoli

So what's your ID on this board?

http://emerald.bbboy.net/spongebobsquareboard

 

[MattTheSkywalker]

You can retain an attorney any time you want. However, part of your insurance policy includes a "duty to defend", which means that the insurance company will pick up your defense and pay any judgment or settlement up to $250K.

Therefore, the insurance company will handle the defense. Don't get an attorney at this point.

If it is only soft tissue and no seriosu injuries, this won't even approach teh $250Klevel,and probably won't even get to trial.

 

[Baby Gorilla]

Basics....

In a lawsuit, you can ask for whatever you want. Getting it's the hard part. The police report says they have no injuries. They'd have to produce medical evidence otherwise (very possible as even serious injuries might go unnoticed in an accident--oft due to the body's reaction to trauma) to have any hope on those lines.

Of course, your state could be screwed up and give money for nothing.

You don't need your own attorney, BUT get in writing from your attorney WHOSE INTEREST HE'S REPRESENTING. In some cases, he's working for the insurance company's best interest. In other cases, he's just paid by the insurance company but represents your best interests. If he's on the insurance company's side, you might want to get your own lawyer....esp if the insurance company wants to settle for the policy max and leave you hanging for the rest (rare as they usually secure a release in a settlement agreement).

If you loose and the judgment's for more than your policy, the person sued (and found liable for the damages) is responsible for the difference. However, you can't get blood from a turnip, and most attorneys aren't interested in spending resources to go after someone who has nothing of worth. Garnishment depends on what your state debtor laws allow. Unless you are raking in the bucks, garnishment is a very slow way to get the money (if it's a lot), and you often must refile the garnishment on a periodic basis to keep getting it.

Maybe some states differ, but you can't go after a non-involved party for the liability of another. Maybe (if you have a house owned in joint tenancy) they could go for your wife's 1/2 share in the house, but again, that rarely happens. If they got it, they'd be liable for 1/2 the mortgage. Marriage doesn't bind you. It might just jeopardize anything where your wife shares a financial interest under the law.

Even if your name is on the insurance, you can't be touched unless you were responsible/involved in the accident. Your policy is designed to cover both of you, but you're not linked in liability through it.

Even the insurance company's lawyer can answer these questions. He'll tell you the truth because is a disciplinary offense if he lies to your questions.