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: Fri Apr 30, 2010 06:58 pm Post Subject:
Is it possible to not go to the case management conference, if for some reason its solved before hand as well?
It's currently scheduled for June 22nd
Posted: Fri Apr 30, 2010 07:34 pm Post Subject:
Also I see that I received a summons (and not a complaint) and a case management conference date
Yes, I think that is a meeting with your attorney to discuss the depo and the summons is for the depo itself.Can she make a false injury claim here, Id be very surprise that she was hurt
I always tell people that there are two sides to every story. Let me ask you... how long have you been a doctor and what exam did you perform on this person to determine they were no injured? Soft tissues injuries almost always become worse over a 24 hour period. After an accident people have a lot of adrenaline pumping and they don't feel much pain. I'm not trying to insult you... I'm just pointing out that your statement that the other person was not hurt is going to hold no weight against a medical doctor with year of experience saying that they are hurt.Is it possible to not go to the case management conference, if for some reason its solved before hand as well?
Certainly... but with the accident being as you described, I don't see any agreement coming about before discovery is done. For plaintiff counsel your statement is _very_ important to know what kind of case the other person has. So I doubt the other person's attorney is going to settle prior to obtaining your information.I'm supposed to go to a depo on 6/2 so I think I understand where you are coming from. :)
Posted: Fri Apr 30, 2010 08:02 pm Post Subject:
I have a feeling the plaintiff's attorney is going to try his very best to get a compensatory settlement out of this lol (not funny, but you know...)
I really hope I do not have to incur any compensatory loss or fees here?
Reassurance? :)
Posted: Fri Apr 30, 2010 08:04 pm Post Subject:
Summons filed on 2/1/2010
Date of claim/accident = 2/3/2008
Date of CMC was filed on 2/28/2010
Served with Summons = 4/25/2010
I just want to make sure I'm not already in default
Posted: Fri Apr 30, 2010 08:15 pm Post Subject:
Depends on what the local requirements are on time to file an Answer. I'm hoping that you turned the Complaint into your carrier as soon as you were served? As I mentioned, they can/will file an answer and don't really need any info from you. An Answer is really not much more then denying, affirming or just acknowledging the contentions. It's really open ended. Most likely if there were any issues your carrier would have probably mentioned this to you (they would have sent you a Reservations of Right letter with late reporting mentioned as an issue).
If you turned in the Complaint to your carrier a month ago they really should have already sent you an acknowledgement letter explaining how things will be addressed.
Posted: Fri Apr 30, 2010 08:21 pm Post Subject:
I was just served last sunday, and emailed them the summons documentations on monday.
Posted: Fri Apr 30, 2010 08:23 pm Post Subject:
I don't know of any state that gives less then 20 days. So you are fine. On top of that, your carrier can always ask for an extension but I don't see why that would even be needed. Time states when the person is served. I think the 4/25 date is when it was initially filed with the court.
Posted: Fri Apr 30, 2010 09:06 pm Post Subject:
The stamp said that it was filed on February 1st, 2010.
But no telling. I still have not heard back from my insurance company.
I just don't want my assets or money taken away. I hope my insurance can deal with them without this happening somehow :((
I guess that's the only reason I'm somewhat worried about
Posted: Fri Apr 30, 2010 11:52 pm Post Subject:
Also wanted to add that Esurance is my insurance company. The other person uses Mercury Insurance.
I've heard really bad reviews about Esurance.
It's been a week since I sent Esurance those documents and they still haven't assigned me to a litigations rep.??
will esurance also let me choose my defense attorney, and foot the bill (if there's any)?
Posted: Sat May 01, 2010 12:09 am Post Subject:
It's been a week since I sent Esurance those documents and they still haven't assigned me to a litigations rep.??
It's probably been assigned. In any case I'd not be too worried about it as the attorney pretty much handles everything from this point on. Certainly knowledge of the attorney trumps the adjusters knowledge. The adjuster is assigned to monitor the claim, completed reports, authorize expenses. The main part that takes place now is the answer (attorney) and Discovery (the attorney). I don't know if Esurance uses in-house attorneys... I don't think they do. If they don't the attorney needs to run a conflict check and thinks like this before they can accept the file. It takes a little time.will esurance also let me choose my defense attorney, and foot the bill (if there's any)?
Nope. They will use either their own or one that they usually use in that area. You can always pay for your own attorney but I've almost never seen this done (unless you have about $20,000 burning a hole in your pocket).Add your comment