Being sued for $640k due to accident?
I was involved in a rear end accident in April 2013. The car in front of the one I hit stopped suddenly causing the truck in front of me to stop and I hit the truck (a huge ford) I was at fault since I hit him. I was going around 25mph He came out of the car asked if I was okay. I was with my 4 year old son and we were both fine. The driver was fine waiting with me til my grandparents picked me up. His bumper was dented that was about it. My car was worse but ended up bring fixed. He drove off fine. Now yesterday I receive a lawsuit from him for $640! Which includes $100k from his wife due to loss of affection from the accident?! This seems to be an obscene amount for the type of accident. He's claiming everything you can claim In an accident. I did some research online and found he sued another girl pretty much for the same thing stemming from an accident in 2012! He filed it 2 weeks before our accident! I have no assets am a divorced mom of 1 child please tell me he has no chance of recovering this crazy amount. My liability is set at $50,000 I believe no where near $640 oh and about a month ago my ins agent said he kept rejecting there offers. Also I looked up his lawyer and she takes cases for free and only gets paid if he wins anything. I'm super stressed and can't sleep.
He won't win anywhere near what he's trying to get. He will win his actual damages which should be what your insurance will cover, not "loss of affection for 100K" BS.
Let your insurance worry about it
he has to prove a loss of $640,000 and probably will be lucky to sue for anything over $10,000 and win
I noticed a typo in my question it's $640,000!
This joke doesn't have a chance. He has a history of suing people for nothing and he can't prove what he's claiming. What would be real fun and make him **** his pants would be to counter sue for stress and emotional damage over his false lawsuit.
Well, it was your fault as you hit his car. I would do the same if I was him.
I can't tell you that he has no chance. He has every chance to win because you were at fault, probably following too closely, which is often the case when someone hits another car. However, he will not get the first $50k awarded. That will be paid by your insurance company. You will be personally responsible for anything over $50k. I suggest you up your insurance coverage.
As for the amount, it sounds excessive. He may win his case but that does not necessarily mean he will win the amount he is asking for. I'm not in a position to guess how much he might win. I have not seen his medicals/damages. A judge (or jury) as he requests, will decide what they think is a fair award. You can bring up the other case he has sued. It may help your case but, it will need to be researched.
You will need to hire a lawyer. It may cost you. Lawyers only take PI cases on a contingency fee basis for the damaged parties, not the people who cause the accidents so, unless a lawyer can see some relief at the other end, expect to pay for your services. Being divorced and how many children you have is totally irrelevant. It has nothing to do with the auto accident you caused. Stick to the facts. Otherwise, you will look like a whining complainer - a reason why a lawyer may not want to take your case.
This is why you have insurance. Your insurance company will fight this or settle it out of court. Contact the insurance company.
Alan's right - and this guy and his lawyer are going to annoy the @#$% out any judge. I would suggest you speak to a male lawyer about this- the first conversation about the case is free. Someone might even take it up just for sport, and because it's the right thing to do. Show this trucker and his ambulance chaser girlfriend what happens when they pick on the wrong girl.
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