PolyKarbon Posted April 25, 2004 Report Share Posted April 25, 2004 What a tough week. First my python is loose somewhere in my house and today I just got a summons to appear in court. Before I left for Iraq a year ago, I got into an accident. This lady in a truck smashed into a parked van without even using her brakes, and I hit her after I slammed my brakes, so it was her fault. Now a year later, Im back and she's sueing me for all kinds of shit. She claimes that my old '97 mercury hit her so hard that it pushed her truck (with the brakes on) into the van in front of her. And all the got was a dented bumper. What is the world coming to? Looks like I might have to sell my Banshee after only riding it for 2 days. Any advice on this matter? I dont exactly have $25,000. Any examples of this shit happening to you that you could share to lift my spirits? Quote Link to comment Share on other sites More sharing options...
locogato11283 Posted April 25, 2004 Report Share Posted April 25, 2004 sounds pretty stupid to me. surely evidence will show that you were not at fault. i wouldnt sell anything just yet. talk to a lawyer and see what happens. Quote Link to comment Share on other sites More sharing options...
Wallrat Posted April 25, 2004 Report Share Posted April 25, 2004 Actually boss, you're partially at fault. She's responsible for the damage to the parked car, and you're responsible for the damage to the rear of her car as well as any damage to your own. That's the way the law/insurance looks at it anyway. Quote Link to comment Share on other sites More sharing options...
mcaf29 Posted April 25, 2004 Report Share Posted April 25, 2004 No she initiated the accident, no matter where you hit her its not your fault. Doesn't matter what state either. Same deal happened to me. A guy hit a stopped trailer truck and bounced into my lane where I labeled him. It was his fault no matter what I was doing I could have been speeding (would have gotten a ticket but still no fault), he initiated the accident so all events that followed are considered his fault. He too tried to sue me for injuries from me rearending him but the court tossed it out. Quote Link to comment Share on other sites More sharing options...
dcmoose Posted April 25, 2004 Report Share Posted April 25, 2004 do you want me to call my uncle carmen....he will take care of it Quote Link to comment Share on other sites More sharing options...
Sugar Magic Posted April 25, 2004 Report Share Posted April 25, 2004 What a tough week. First my python is loose somewhere in my house and today I just got a summons to appear in court. Before I left for Iraq a year ago, I got into an accident. This lady in a truck smashed into a parked van without even using her brakes, and I hit her after I slammed my brakes, so it was her fault. Now a year later, Im back and she's sueing me for all kinds of shit. She claimes that my old '97 mercury hit her so hard that it pushed her truck (with the brakes on) into the van in front of her. And all the got was a dented bumper. What is the world coming to? Looks like I might have to sell my Banshee after only riding it for 2 days. Any advice on this matter? I dont exactly have $25,000. Any examples of this shit happening to you that you could share to lift my spirits? Damn! What kinda of crap is that? I hope the court throws it out and you aren't to blame for anything. I'm not sure about the law on any of it, because of I heard both stories (wallRat & mcaf). Thanks for serving this country, though. Going to Iraq must of had it's own story all together, but I appreciate what you're doing. Quote Link to comment Share on other sites More sharing options...
ranshee Posted April 25, 2004 Report Share Posted April 25, 2004 I hope nothing comes of this but I think in Cali , if you hit someone from behind its your fault. What they might say is that you were following to close. But like I said before I hope thats not the case. Sorry to here this happened, best of luck to ya. Quote Link to comment Share on other sites More sharing options...
Wallrat Posted April 25, 2004 Report Share Posted April 25, 2004 Ranshee is correct, unless the accident causes the initial vehicles to enter other lanes such as in Mcaf's case (by the sound of it anyway). For same lane accidents, it doesn't matter what happened in front of you, if you hit her, then you were either following too close or you weren't paying attention - either way you're at fault for the damages caused when your vehicle hit her's. Quote Link to comment Share on other sites More sharing options...
PyRo_ZaCh Posted April 25, 2004 Report Share Posted April 25, 2004 usualy here its who ever hits last is resposible, in that case i think you would only be responsible for your car and theirs and not the parked one, they can always check skidmarks and witnesses and all but for how long ago that all probly faded away by now. we got rear ended not too long ago, it was a vans fault for stopping too fast, we dident hit them, but then some one hit us, so by law the one that hit us was at fault, but they were my dads friends son (that we hunt wit alot and stuff) so the damage is gettin paid off with out gettin insurance or police involved (so his rates dont go up and he dosent loose his permit or that) but for you case a good lawyer should be able to settel it, thers probly some kind of pshyics to prove it wrong. Quote Link to comment Share on other sites More sharing options...
efward Posted April 25, 2004 Report Share Posted April 25, 2004 Don't wait. Go talk to a lawyer as soon as possible. If you don't have one, find one quick. Most will review your case for free and then you can decide who you want fighting for you. Lawyers fees range from roughly $200 - $300 per hour. Does the military offer some sort of legal advocate service? Good luck. Quote Link to comment Share on other sites More sharing options...
got1banshee Posted April 25, 2004 Report Share Posted April 25, 2004 (edited) Yeah I agree, she is responsable for the car that SHE hit and you are responsable for the car that YOU hit. She hit the other care and when you hit her she wasnt moving she was parked on that other care, right? Well anyway even if it was your falt that is what insurance is for. You insurance should pay to fix her car and pay her doc bills if any. Contact your insurace company, get a police report of the accident and contact a company called Pre-Paid legal They cost me 16 bucks a month and cover you on just about everything. Good luck!!!!!!!! Oh!!!! And pre paid legal will pay for you atterny fees on like speeding tickets and stuff 100% and in your case I think depinding on what plan you have its 25-50 or 75 % that the will pay. They will also do all the leg work and get you the best atterny in your area for you. Edited April 25, 2004 by got1banshee Quote Link to comment Share on other sites More sharing options...
BrokeStonedBiker Posted April 25, 2004 Report Share Posted April 25, 2004 well it happend a year ago to all the evidence is gone. get a copy of the police report and give it to your lawer. even if the stupid ass lawer cost 3,000 it will save you the rest. i dont think its lagitament to sew someone after a year and all the evidence is gone. yeah it was there fualt by the sounds of it but that not how insurence companies look at it. i would talk to this dumb bitch. tell her why shes sewing you, if shes doing it for the fun of it. i would probably get my moneys out of her back in some way. when she down the road slam your brakes because there was a (squrrel) infront of your truck and you didnt want to kill it. if she stupid enough to hit a parked car i bet shell be stupid enpough to hit you. good luck with it. Quote Link to comment Share on other sites More sharing options...
Holyman Posted April 25, 2004 Report Share Posted April 25, 2004 Immediately call your insurance co. It's up to them to fight it out. Quote Link to comment Share on other sites More sharing options...
mudtrackerinc Posted April 26, 2004 Report Share Posted April 26, 2004 Immediately call your insurance co. It's up to them to fight it out. yes,i agree with holyman. it is up to the insurance to fix this mess.thats what you pay them for. Quote Link to comment Share on other sites More sharing options...
bigboybanshee Posted April 26, 2004 Report Share Posted April 26, 2004 Ranshee is correct, unless the accident causes the initial vehicles to enter other lanes such as in Mcaf's case (by the sound of it anyway). For same lane accidents, it doesn't matter what happened in front of you, if you hit her, then you were either following too close or you weren't paying attention - either way you're at fault for the damages caused when your vehicle hit her's. I agree 100%, same thing here in Memphis...I was rear ended last year and it was their fault, obviously, they were following too closely. Who got the ticket in the accident? Quote Link to comment Share on other sites More sharing options...
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