by techgamer » Thu Apr 29, 2010 09:54 am
Description of the incident:
I was heading east on a road right by my apartment and I signaled a left turn,
indicating that I was trying to make a u-turn (which I believe is legal in
California - residential area).
I was heading East on a street in Los Angeles by my apartment and plaintiff was also heading East (when the accident occur)
I had checked every single side of the intersection, and did not see any cars.
I signaled left and made a u-turn but before I could complete my left turn, a car came from behind me (heading east) and struck her car.
I believe she tried to get pass me because she would have seen that I was making a u-turn, I assume that she was probably more than 200 ft before the intersection, because i saw that all was clear.
She was either trying to get pass me, or was unable to stop on time because she did not see me.
Technically I am not sure if I am "at fault" here or if both of us were at fault, I know that people can
manipulate the situation around, but if I use the DMV guide it seems as though I
followed all the procedures.
I asked the opinion of two attorneys who one believed I was at fault, and the second said that I wasn't.
My insurance company did not pay for the other person's damages because they believe I was not at fault, and I am sure that plaintiff truly believes I'm at fault.
Just yesterday, I received a citation judicial (court summons) informing me that
I was being sued by this plaintiff because my insurance company decided that the
other driver was at fault and did not pay them.
They are suing for
1. Property Damage
2. Personal Injury
Plaintiff has reported suffered:
a. wage loss
b. loss of use of property
c. hospital and medical expenses
d. general damage
e. property damage
f. loss of earning capacity
g. Other damage: According to proof at the time of trial.
They are seeking: Compensatory damages.
Note: Personal injuries are absolute nonsense. It was only a dent on her right
rear door (she's driving front left of course, and no other passengers were
there). IT was a residential area, so we quickly stopped and exchanged
information. We were both being courteous, and she drove and went her own way,
completely unhurt.
She is being represented by Frank Y. Ariel, a auto accident lawyer.
As of now, I have sent my insurance company the documents, and they are forwarding it to the ligitations department.
I just wanted an outside opinion/advice on:
1. if the description of what had happened seems as though I am at fault (legally), or if both parties are at fault or if the other person is at fault. They are suing for negligence, but I have an excellent driving track record and while I can admit when it is my fault, the situation is very much undetermined and unclear. I made the u-turn because I verified that no cars were coming. However I do not know who is the bad car here, in legal terms.
2. I've already given my insurance company my summons document and they have forwarded this to the litigation department.
3. If it shows that I am at fault, can my Insurance company settle this without court appearance? Perhaps to the other company instead of me? I was unaware that the plaintiff was going to sue and thought that my insurance company had handled everything.
4. If I was at fault, is there any chance at all that I would win the case? And I do not know how the fault will be determined.
5. I know that all she needed to fix was her right rear door, which was dented. But she was suing for personal injuries, wage loss, damages and tons of other things. Her lawyer also claimed that most people would rather settle it with his clients vs. going to court. If anything, I believe that the insurance companies should have handled this, or she could have sued my insurance company, but is obviously seeking more monetary from me.
6. What I'm trying to get out of this? Peace of mine, to have the situation settled without anyone having to go to court, but if I am supposed to go, then I would like for me to win the case, and a great lawyer with at track record that can do this, even if I am at fault. I do not need the plaintiff's money, I am not seeking for anything. But resolution. And if that involves achieving monetary, and also a counter sue for all the things she sued for that were outrageous (personal injuries, loss of wage? - Clearly its due to the economy and she's trying to simply work her angles here), and emotional distress (within the boundaries).
Let me know what you think. I hope you can help answer my question and hope that the situation isn't too serious.
P.S: Her lawyer did state that this amount will be in access of $25,000 (I don't understand why if its just to fix her door, again, if I was at fault, and if my insurance company did not pay for it because of that).
Thank you so much!
my policy coverage for bodily injury is $50,000 to $100,000 I believe and $25,000 for damages.
Used to be higher when the claim was filed (bodily injury up to $300,000 and $50,000 for damages), but I don't know which one the insurance will choose, if they had to.
Please let me know asap!! Thanks!
NOTE: If there's anyway insurance company can just settle this with her, or through a mediator, where I'm not involved with the matter, that would be even better.
I was heading east on a road right by my apartment and I signaled a left turn,
indicating that I was trying to make a u-turn (which I believe is legal in
California - residential area).
I was heading East on a street in Los Angeles by my apartment and plaintiff was also heading East (when the accident occur)
I had checked every single side of the intersection, and did not see any cars.
I signaled left and made a u-turn but before I could complete my left turn, a car came from behind me (heading east) and struck her car.
I believe she tried to get pass me because she would have seen that I was making a u-turn, I assume that she was probably more than 200 ft before the intersection, because i saw that all was clear.
She was either trying to get pass me, or was unable to stop on time because she did not see me.
Technically I am not sure if I am "at fault" here or if both of us were at fault, I know that people can
manipulate the situation around, but if I use the DMV guide it seems as though I
followed all the procedures.
I asked the opinion of two attorneys who one believed I was at fault, and the second said that I wasn't.
My insurance company did not pay for the other person's damages because they believe I was not at fault, and I am sure that plaintiff truly believes I'm at fault.
Just yesterday, I received a citation judicial (court summons) informing me that
I was being sued by this plaintiff because my insurance company decided that the
other driver was at fault and did not pay them.
They are suing for
1. Property Damage
2. Personal Injury
Plaintiff has reported suffered:
a. wage loss
b. loss of use of property
c. hospital and medical expenses
d. general damage
e. property damage
f. loss of earning capacity
g. Other damage: According to proof at the time of trial.
They are seeking: Compensatory damages.
Note: Personal injuries are absolute nonsense. It was only a dent on her right
rear door (she's driving front left of course, and no other passengers were
there). IT was a residential area, so we quickly stopped and exchanged
information. We were both being courteous, and she drove and went her own way,
completely unhurt.
She is being represented by Frank Y. Ariel, a auto accident lawyer.
As of now, I have sent my insurance company the documents, and they are forwarding it to the ligitations department.
I just wanted an outside opinion/advice on:
1. if the description of what had happened seems as though I am at fault (legally), or if both parties are at fault or if the other person is at fault. They are suing for negligence, but I have an excellent driving track record and while I can admit when it is my fault, the situation is very much undetermined and unclear. I made the u-turn because I verified that no cars were coming. However I do not know who is the bad car here, in legal terms.
2. I've already given my insurance company my summons document and they have forwarded this to the litigation department.
3. If it shows that I am at fault, can my Insurance company settle this without court appearance? Perhaps to the other company instead of me? I was unaware that the plaintiff was going to sue and thought that my insurance company had handled everything.
4. If I was at fault, is there any chance at all that I would win the case? And I do not know how the fault will be determined.
5. I know that all she needed to fix was her right rear door, which was dented. But she was suing for personal injuries, wage loss, damages and tons of other things. Her lawyer also claimed that most people would rather settle it with his clients vs. going to court. If anything, I believe that the insurance companies should have handled this, or she could have sued my insurance company, but is obviously seeking more monetary from me.
6. What I'm trying to get out of this? Peace of mine, to have the situation settled without anyone having to go to court, but if I am supposed to go, then I would like for me to win the case, and a great lawyer with at track record that can do this, even if I am at fault. I do not need the plaintiff's money, I am not seeking for anything. But resolution. And if that involves achieving monetary, and also a counter sue for all the things she sued for that were outrageous (personal injuries, loss of wage? - Clearly its due to the economy and she's trying to simply work her angles here), and emotional distress (within the boundaries).
Let me know what you think. I hope you can help answer my question and hope that the situation isn't too serious.
P.S: Her lawyer did state that this amount will be in access of $25,000 (I don't understand why if its just to fix her door, again, if I was at fault, and if my insurance company did not pay for it because of that).
Thank you so much!
my policy coverage for bodily injury is $50,000 to $100,000 I believe and $25,000 for damages.
Used to be higher when the claim was filed (bodily injury up to $300,000 and $50,000 for damages), but I don't know which one the insurance will choose, if they had to.
Please let me know asap!! Thanks!
NOTE: If there's anyway insurance company can just settle this with her, or through a mediator, where I'm not involved with the matter, that would be even better.
Posted: Thu Apr 29, 2010 06:56 pm Post Subject:
I signaled left and made a u-turn but before I could complete my left turn, a car came from behind me (heading east) and struck her car.
First I don't understand the accident. You and the other driver were headed the same direction? You then slowed down to make a left hand u-turn and another driver struck her? Or did you strike her? Or did she strike you from behind. You stated that you were headed in the same direction.
In any event, it would appear that your insurance company denied liability on your behalf. Which they can and will do if they don't feel that you were at fault. This lady has no choice by to file suit against you. Your insurance company will give you an attorney to defend you and handle the suit. Now between now and going to court, your insurance company may attempt to settle. It is really up to them. They are not normally going to pay any large amount without liability.
As for the suit papers, any suit I have read has a demand of at least $25,000.00. It doesn’t mean that is what they think they can get, but why would they put $2,000. Is she looking for money, sure. Was she hurt – who knows. Soft tissue injuries happen in most accidents…some are claimed and some are not. Some people think they are worth 50K and some understand they are not. You really can’t worry about it. Your insurance company will handle it and that is what you pay them to do.
Posted: Thu Apr 29, 2010 09:58 pm Post Subject:
Hi, thanks for the response! I will clarify below:
quote: "First I don't understand the accident. You and the other driver were headed the same direction? You then slowed down to make a left hand u-turn and another driver struck her? Or did you strike her? Or did she strike you from behind. You stated that you were headed in the same direction."
I was heading East, and trying to make a u-turn to head West. She was also heading East. Sorry I know it was confusing.
To make it simple:
She was behind me (probably a little more than 200 ft, as I didn't see her), I slowed down to make a u-turn (at a residential intersection)
and I struck her rear right hand door. Literally going at only 5mph or so.
They are suing for more than just property damages and in access of $25,000.
California law = is this my fault, or hers, or both, or undetermined - I'm not sure. The insurance think that I was making a left and she came up from behind me to past me, so I struck her. I told them that I was making a u-turn, but regardless, I would have been making a left turn, and the driver was behind me (i did not see her, i'm guessing she should have saw me)
No EMTs, police, or witnesses at the scene.
note:
East - West = no stop signs at the intersection
north-south = stop signs at intersection.
Posted: Thu Apr 29, 2010 11:21 pm Post Subject:
You think she was trying to pass you? If she initially was following you, you made a left u-turn and you hit her passenger side door then this puts her side by side on your drivers side. What else would she be doing other then passing you?
There is almost no way to address the question of liability without knowing what _her_ version of the accident is. It should be mentioned in the complaint and/or your carrier can tell you. Please post this information. I ask as in all but about 3 states the person passing the other person needs to make sure the area is clear and you also state that you had your turn signal on. Also, there should be no passing w/o several hundred feet of an intersection. What are the names of the two roads and the city where this happened?
Posted: Fri Apr 30, 2010 12:38 am Post Subject:
Streets:
Clinton St (Heading East on here)
And Alexandra St (North-South coordinates)
Los Angeles, CA 90004
I will ask my carrier what her version of the story is.
She probably thought I was making a left, and before I completed my u-turn to the left, I struck her car, regardless she did not stop on time, or kept her distance at a residential area.
Posted: Fri Apr 30, 2010 01:35 am Post Subject:
I am told to just leave it up to the litigator - whom by the way, has NOT been assigned to me (after a week).
It's just going to be litigations specialist, and am I not better off with an attorney?
I don't think I'm able to really ask what the plaintiff's version of the story is here.
But you can google map the streets mentioned above.
Again thanks again in advance guys for helping out. Looking forward to hear back
Posted: Fri Apr 30, 2010 05:30 am Post Subject:
It's just going to be litigations specialist, and am I not better off with an attorney?
It will be assigned to an attorney. The claim will be kicked up to an adjuster who deals with litigated files. This is the adjuster mentioned. That adjuster will assign the claim to defense counsel to file an Answer and handle the case. The adjuster should be sending you a letter with this attorneys name and contact information and the attorney will also be in contact with you. They can file an Answer without speaking to you.Posted: Fri Apr 30, 2010 10:45 am Post Subject:
Thanks again! do you think this is something that they would be able to handle without my involvement face to face with the plaintiff?
Not sure how they would come to an agreement.
Does anyone know if this lawyer probably took the case on a contingency and hoping he gets something out of this?
Seems as though someone's just holding a grudge to fix their rear door. I don't think she would have paid 5000 to 10000 worth of lawyer fees
Posted: Fri Apr 30, 2010 12:31 pm Post Subject:
With what you posted, it would seem no matter what you were doing (unless you tried to turn from the right hand curb) she would be at fault for trying to pass you on the left hand side. (If she wanted to go straight and you looked like you were turning left, why didn't she go around the right side of you?) At this point, fault to a certain degree is out the window. What it will come down to is what they are willing to settle for. If they are will to settle for less then it would take to go to trial, then they will settle. If they actually want more, then your insurance company will defend it. I know that they are asking for at least 25K, but like I said that is the minimum that the majority of suits ask for and doesn't mean that is what their attorney thinks its worth.
Does anyone know if this lawyer probably took the case on a contingency and hoping he gets something out of this?
99.9999% sure this is how the attorney is handling this for the other driver.
Seems as though someone's just holding a grudge to fix their rear door.
No grudge. She just wants money. This thing will get worked out in one of a couple ways. Your insurance company will work it out with the attorney or they will dig their heals in and it will go to court. Most of these don't go to court.
Posted: Fri Apr 30, 2010 05:24 pm Post Subject:
Does anyone know if this lawyer probably took the case on a contingency and hoping he gets something out of this?
The attorney took the case _only_ because there is an injury involved. They attorney won't directly handle the property damage as they make no money for this. It can be added to the complaint but it's really not the attorneys bread and butter in this type of situation. He/She only makes 40% (as suit was filed) off of the injury portion.Seems as though someone's just holding a grudge to fix their rear door. I don't think she would have paid 5000 to 10000 worth of lawyer fees
Thanks again! do you think this is something that they would be able to handle without my involvement face to face with the plaintiff?
An injury suit can be a long and drawn out process. I think this is very minor so it should not take too long. It can be settled at _any_ point (and usually is... many times right as they are walking into court). After the Answer is filed Discovery is next. This will involve depositions from both drivers. So you will be questioned by the plaintiff's attorney if it does not settle before then. Your attorney will contact you prior to this and go over a lot of information about how it works. You will also meet with your attorney and discuss your depo and how it works. As you may realize, the plaintiff's attorney is going to ask you some pointed questions... just relax and go along with the plan.After discovery is done and each party makes the motions that they want to the judge then they will both better understand what kind of case they have and make be more willing to wheel and deal before rolling the dice in court.
Keep this in mind... if the final demand is more then your injury limits and it does not settle, at some point before the verdict comes in you need to write a letter to your insurance company and ask them to offer your policy limits in order to settle the matter. I won't get into long details but this sets them up for you filing a Bad Faith claim against them in case there is an excess verdict. If it goes this far (to trial) then you want to speak to a separate attorney who deals with bad faith about this.
Your limits at the time of the _accident_ are used. So it sounds like it's the higher limits and I'm guessing the limits probably won't be an issue.
Posted: Fri Apr 30, 2010 06:29 pm Post Subject:
Also I see that I received a summons (and not a complaint) and a case management conference date.
Can she make a false injury claim here, Id be very surprise that she was hurt
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