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 Aug 05, 2010 05:51 am Post Subject:
My neighbor's trees caused me $10,600.00 worth of damage to my block wall and pool deck. I spoke to two different renters about the problem with no response from the owner. In California small claims the limit is $7500.00. What alternative do I have to sue for the full amount?
How did they cause damage. Did they fall? Root problems? Do they shade the area and your deck and wall mold from lack of sun?
Posted: Thu Aug 05, 2010 01:29 pm Post Subject:
Did they fall? Root problems?
I would suspect one or both of these two possibilities. Combined, perhaps, with the tree owner's failure to remove excess weight from the tree(s).
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