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<p>So, we got served today. I answer the door, the guy is asking for DH, DH is busy, I ask to take the papers for him, guy asks me if i'm over 18(I'm 20) DH becomes un-busy(he was praying when the guy knocked on the door). DH talks to the guy, signs the paper saying he received the papers(didn't date the form though(oops!)). Guy leaves. Guy comes back. he was going to go to our old address to try to serve me too. thought that maybe I was the other person he was looking for, well, he was right... so I got my papers too. I sign his form(didn't date it either.... I really hope that doesn't bite us in the rear later on!). Guy leaves, we read the papers.</p>
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<p>My last name has been spelled wrong on everything we've received from this guy's lawyer</p>
<p>(does that nullify it? <img alt="mischievous.gif" src="http://files.mothering.com/images/smilies/mischievous.gif">)</p>
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<p>bg: october 2008, I was driving to work, a couple months pregnant, slow moving construction traffic was backed up for a couple of stoplights, S pulls out quickly from a side street to be in front of me, and takes the place where mycar would have been... it was bumper to bumper.. He stopped way sooner that I could possibly have expected, I put on the breaks as fast as I can, but we collide(at most, I was going 3mph, that was about the fastest you could possibly go in that traffic). we pull over at the next intersection, at a grocery store, and on the advice of DH, we exchange information. didn't call the police<img alt="duh.gif" src="http://files.mothering.com/images/smilies/duh.gif">(another huge mistake). S complains a little that he is a little sore, says he'll take a few asprin or something, and will probably be fine. <img alt="shake.gif" src="http://files.mothering.com/images/smilies/shake.gif"> S is a middle aged obese white man and he was driving some sort of sedan(as was I). His car already had some huge dents in it. It had no damage from my car, and my car had no damage either. I was two freaking months pregnant,and ds and I were fine, albeit quite a bit shaken up. I continued on my way to work, and had to stop again on the way there, because I was shaking, and freaking out way too much, and I called my boss from there, to tell him I was in an accident and was going to be a little late. </p>
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<p>we got a letter a few months later from his attorney, and our insurance company took over from there. Insurance company called and talked to me, and recorded my take on the accident. This past summer, insurance company(we're no longer with them) came out to take pics of the car. It had since sustained damage not related to that "crash."</p>
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<p>So, now my understanding is, we turn over these papers to our previous insurance company, for them to take care of. Then what happens? Can S really sue us and get anything out of us? Oh, he's claiming, and I quote, including the grammar:</p>
<p>c6/7 disc herniation;</p>
<p>L3/4 disc herniation with annular tear;</p>
<p>left knee injuries with contusion, tendinosis, DJD and effusion, and related injuries thereto;</p>
<p>left shoulder injuries with DJD, impingement and subacromial bursitis, and related injuries thereto;</p>
<p>Cervical thoracic lumbar sprains and related injuries thereto;</p>
<p>Pain and suffering, past, present and future;</p>
<p>emotional distress, past, present and future;</p>
<p>loss of vitality of life, past present and future;</p>
<p>excess loss wages.</p>
<p><span>really? wow.<img alt="splat.gif" src="http://files.mothering.com/images/smilies/splat.gif"></span> <img alt="banghead.gif" src="http://files.mothering.com/images/smilies/banghead.gif"></p>
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<p>and in 8 different statements, accuses me of being a reckless driver <img alt="shake.gif" src="http://files.mothering.com/images/smilies/shake.gif" style="border-top-width:0px;border-right-width:0px;border-bottom-width:0px;border-left-width:0px;"></p>
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<p>in the papers it says he wants an amount in excess of $25k that the court may determine that he is entitled to, plus attorney fees, court costs, etc.<img alt="hopmad.gif" src="http://files.mothering.com/images/smilies/hopmad.gif"></p>
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<p>DH is a little freaked out(as am I) and he said "wow, what a strange country" <img alt="lol.gif" src="http://files.mothering.com/images/smilies/lol.gif"> in pakistan, you can't just sue people like that, you would get laughed at.</p>
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<p>So, what do you think, are we going to have to go to court? hire a lawyer? should I sue him back? (hey, I have a bad back too!)  Leave the country? <img alt="Sheepish.gif" src="http://files.mothering.com/images/smilies/Sheepish.gif"> or should our (old) insurance deal with everything? What if insurance doesn't cover it? we don't even have 1k in the bank, let alone 25k! we do own two older cars though... I guess we could lose those?(would we?) </p>
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<p>I'm a little peeved at DH right now(or rather, I was? or, when I think about it?), and blaming him for not telling me to call the police, I didn't even realize that you called the police for things like that, nobody was hurt, or in danger(I guess I was?<img alt="duh.gif" src="http://files.mothering.com/images/smilies/duh.gif" style="border-top-width:0px;border-right-width:0px;border-bottom-width:0px;border-left-width:0px;">) and its not like I even knew the # anyways... (I am/was only upset at him in my head, I haven't told him my feelings about it though, and I think he was a little upset at me too(though he didn't say anything to me either)... this happened this afternoon, and we've since gone out grocery shopping, and had pleasant conversations(about other stuff, I think we realize that its neither of our faults, and stuff like this just happens sometimes..)</p>
<p> </p>
<p>OY! what a headache!</p>
 

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<p>Contact your old insurance company.  Send them the papers.  They should, indeed, take care of it, and if anyone ends up paying out on this, it will be them.</p>
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<p>I know this is stressful, but try not to worry too much, and don't beat yourself up for not calling the cops.  If no one was exhibiting signs of injury at the scene, and neither of you wanted the cops involved at that time, there was no reason to call them.  The police would even rather not have to come out for this stuff - if the two of you are capable of exchanging information and driving away, what is it, precisely, that they need to do?  The cops cannot diagnose spinal injuries, or testify that none were sustained, so plenty of people file suit over accidents that cops witnessed or responded to anyway.</p>
 

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Discussion Starter #3
<br><br><div class="quote-container"><span>Quote:</span>
<div class="quote-block">Originally Posted by <strong>MeepyCat</strong> <a href="/community/forum/thread/1280959/we-got-served-today-about-an-accident-that-happened-a-year-ago-i-ve-got-a-headache#post_16064063"><img alt="View Post" class="inlineimg" src="/community/img/forum/go_quote.gif" style="border:0px solid;"></a><br><br><p>Contact your old insurance company.  Send them the papers.  They should, indeed, take care of it, and if anyone ends up paying out on this, it will be them.</p>
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<p>I know this is stressful, but try not to worry too much, and don't beat yourself up for not calling the cops.  If no one was exhibiting signs of injury at the scene, and neither of you wanted the cops involved at that time, there was no reason to call them.  The police would even rather not have to come out for this stuff - if the two of you are capable of exchanging information and driving away, what is it, precisely, that they need to do?  The cops cannot diagnose spinal injuries, or testify that none were sustained, so plenty of people file suit over accidents that cops witnessed or responded to anyway.</p>
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<p>Thanks, that actually makes me feel a TON better. I was thoroughly freaked out  <br>
 </p>
 

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<p>In the description you gave I would not have called the police. If the other guy didn't call either he's just as at fault for not calling. Sounds like he is trying to get something. I don't understand the US system but here in Canada it would all just go through insurance.</p>
 

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<p>I also wanted to add that they have to leave you with a vehicle for every driver in the house and a roof over your head. I don't think it will go beyond insurance paying for it and they don't want to spend their money either so will probably fight his stupid alligation. By the way I was in a fender bender (not my fault) and we did call the cops and all they said was to exchange info but there wasn't enough damage to either vehicle for them to be needed. I think what you did was fine and I think the insurance company will do their job and all will be ok. We almost got sued over a accident from my DH driving a semi so I know exactly how scary it can be. Hugs.</p>
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<p>Send the info to your old insurance company.  You can also send the your OB/Midwife's info (if you were seeing one at the time).  If the wreck had been enough damage to cause him those injuries, you would have been injured as well.  Also the burden of proof lie with him, he has to prove that the injuries occurred from the accident with you.</p>
 
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<p>My DH was also sued for an accident he was involved in, almost a year after it happened. The insurance company took care of everything (it was settled out of court, but had it gone to trial, the defense attorney was covered by the insurance company). You COULD be liable if the guy is suing for more than the coverage you had at the time of the accident. So contact your old insurance company and find out what personal injury coverage you had at the time - if he's only asking for $25,000, you should be fine! I think that would be covered even if you only had very basic coverage.</p>
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<p>Adn they accused my DH of being reckless too, and it WAS declared his fault, but there were many mitigating factors - the weather was awful, and the other driver lost control of her vehicle first. DH should have been going slower and been able to stop, but it is what it is. Don't freak out if they declare it your fault or pay the guy - it might be cheaper for them to pay then to go to trial.</p>
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<p>GL!</p>
 

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<p>We had a similar experience.  DH bumped into some car in front at pretty low speed during rush hour.  They exchanged info and it looked like all that was damaged was a bit of scraped paint on his bumper.  Now almost two years later we were contacted regarding that accident.  DH got a huge bill saying he's responsible for the bill of all sorts of repairs on that car.  I talked to some people, asking for PROOF that those damage were due to that collision two years ago, and WHY it took him so long to contact us.  Like you know if he drove the car right into a place for inspection next day, not next year.  Apparently he couldn't produce enough proof.  We ended up with a bill that was 10% of the claimed amount, just for fixing the paint.</p>
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<p>So what I'm saying is most likely he won't get away with all those claims and would probably settle for much much less. </p>
 

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<p>We were in a similar accident a few weeks ago.  Not even paint transfer.   Our accident was full bumper on bumper, us rolling forward at a "just turned" green light, him not stopping fast enough at the light, and so the total impact speed was maybe 5 mph.  My DH did not think it was worth calling the police, or even getting the guy's info.  (We were the ones' rear ended.)</p>
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<p>A few weeks before this I woke up one morning unable to hardly move.  Pinched sciatica nerve.  I was seeing my chiro, and had just got to the point that I could function again (but he had not actually "unpinched" the nerve, yet).  The day before the accident I felt like I was slipping backwards just the tiniest bit, though I could not put my finger on it. </p>
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<p>My chiro visit was on Thursday, Friday I felt the "backwards slid", Saturday was the accident, and by Monday (my next chiro visit) I could barely walk.  I have now JUST begun to be able to get out of bed for more than an hour or so.  I have JUST now begun to feel like I am functional and can take care of my family again.  So, it has been 5.5 weeks since the accident but about 14 weeks since it all really began.</p>
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<p>All that said, my Chiro was livid that I did not get the info from the driver of the accident.  To this day he insists that my current state is all due to the accident.  Even though I had begun to feel slightly worse the day before.  Granted the slight jarring <em>could</em> have contributed to the situation, but I <em>know</em> that it was not the cause.  And I would never have sued the drive for the cost of my care.  However, if I had given the info to my chiro, they would have pressed the issue through the insurance companies and on to the driver.   Yes, he was at fault, yes he was careless, but he did not <em>cause</em> my injuries.</p>
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<p>So, I am just saying, perhaps this guy is in a similar situation?  Where his chiro or doctor is pressing the issue and he feels like he must go along with it.  Or, he could have even been convinced by now that his injuries <em>were</em> from the accident?  I know that if I had not had my "slight" downward slippage the day before I would have totally thought my last five weeks of pain and incapacitation the accident's fault.  (And by slight, I mean that I had been taking pain relievers for weeks, I had cut back a LOT, and the day before I had to take one extra dose.  So, nothing REALLY bad.)</p>
 

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Discussion Starter #10
<br><br><div class="quote-container"><span>Quote:</span>
<div class="quote-block">Originally Posted by <strong>mamaofprincesses</strong> <a href="/community/forum/thread/1280959/we-got-served-today-about-an-accident-that-happened-a-year-ago-i-ve-got-a-headache#post_16064376"><img alt="View Post" class="inlineimg" src="/community/img/forum/go_quote.gif" style="border:0px solid;"></a><br><br><p>My DH was also sued for an accident he was involved in, almost a year after it happened. The insurance company took care of everything (it was settled out of court, but had it gone to trial, the defense attorney was covered by the insurance company). You COULD be liable if the guy is suing for more than the coverage you had at the time of the accident. So contact your old insurance company and find out what personal injury coverage you had at the time - if he's only asking for $25,000, you should be fine! I think that would be covered even if you only had very basic coverage.</p>
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<p>Adn they accused my DH of being reckless too, and it WAS declared his fault, but there were many mitigating factors - the weather was awful, and the other driver lost control of her vehicle first. DH should have been going slower and been able to stop, but it is what it is. Don't freak out if they declare it your fault or pay the guy - it might be cheaper for them to pay then to go to trial.</p>
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<p>GL!</p>
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<p><br>
The papers say "in excess of $25k" which makes it sound like $25k is the minimum required to go to court over in this matter? and he's suing DH for the same amount(so a minimum of $50k+court costs???. The car I was driving was DH's car(my name wasn't on it, and actually, I'm not sure if I was on his insurance yet(and since I didn't have a car, I had none of my own)) I think we had just cancelled our full coverage insurance(before we got married, DH was a kid who liked cool cars, the car was luxury car, the guy probably thinks we have money <img alt="lol.gif" src="http://files.mothering.com/images/smilies/lol.gif" style="border-top-width:0px;border-right-width:0px;border-bottom-width:0px;border-left-width:0px;">) for bare bones basic insurance.</p>
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<p>So, what if, say, we are found to be at fault, AND the insurance refuses to pay(or we're stuck paying $xxx amount)? Would we owe him for the rest of our lives? Find ourselves imprisoned? </p>
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<p>I really hope this bites him in the butt later on (and my faith gives me the peace of knowing that he will get what he deserves, whether it's in this life, or in the afterlife, so that's a comforting thought <img alt="lol.gif" src="http://files.mothering.com/images/smilies/lol.gif" style="border-top-width:0px;border-right-width:0px;border-bottom-width:0px;border-left-width:0px;">)</p>
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<p> </p>
 

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<br><br><div class="quote-container"><span>Quote:</span>
<div class="quote-block">Originally Posted by <strong>MeepyCat</strong> <a href="/community/forum/thread/1280959/we-got-served-today-about-an-accident-that-happened-a-year-ago-i-ve-got-a-headache#post_16064063"><img alt="View Post" class="inlineimg" src="/community/img/forum/go_quote.gif" style="border:0px solid;"></a><br><br><p>Contact your old insurance company.  Send them the papers.  They should, indeed, take care of it, and if anyone ends up paying out on this, it will be them.</p>
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<p>I know this is stressful, but try not to worry too much, and don't beat yourself up for not calling the cops.  If no one was exhibiting signs of injury at the scene, and neither of you wanted the cops involved at that time, there was no reason to call them.  The police would even rather not have to come out for this stuff - if the two of you are capable of exchanging information and driving away, what is it, precisely, that they need to do?  The cops cannot diagnose spinal injuries, or testify that none were sustained, so plenty of people file suit over accidents that cops witnessed or responded to anyway.</p>
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<p><br>
ITA about not calling the cops-- I've never called for a fender bender. I've been rear ended a couple of times, and it never occourred to me to do more than just exchange the insurance info.</p>
 

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<p>I suspect it's highly unlikely that you'd be held liable for that amount. It really sounds like he's trying to get some money for nothing. If this goes to court, he's going to have to explain why he didn't call the police for a report at the time of the accident, why he didn't seek immediate medical treatment, and why he waited a year to sue. Yes, it is your word against his about the speed of the accident because neither of you have a police report or witnesses, but there are the insurance pictures and those should help.</p>
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<p>I was sued for something like this. I was at the end of a line of traffic and had just turned the corner on to a small side street after stopping at a red light. By the time I turned the corner, the light was about to turn red again. This guy in a sports car blew the red light and flew around the corner really fast and nearly hit me. By that point I was stopped behind the car in front of me, waiting for it to turn into a driveway. I saw him coming and jumped the curb onto the grass median to try to avoid getting rear ended, and the woman in front of me heard his brakes squealing and stopped turning to look and see what was going on. The corner of my bumper hit the corner of her bumper. It made a small crease, maybe half an inch long. She tried to sue me for major back and neck injury, ongoing medical care, a new bumper and back and rear car panels, paint job, etc., to the tune of $25K+. Because of the insurance photos (and witness statements and police report), my insurance paid her $150 -- enough to get the crease popped out and some aspirin. It never went to court; the insurance company took care of everything. My rates didn't even go up. It was scary as heck when I got the papers, though.</p>
 

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 </p>
<div class="quote-container"><span>Quote:</span>
<div class="quote-block">Originally Posted by <strong>Amatullah0</strong> <a href="/community/forum/thread/1280959/we-got-served-today-about-an-accident-that-happened-a-year-ago-i-ve-got-a-headache#post_16064962"><img alt="View Post" class="inlineimg" src="/community/img/forum/go_quote.gif" style="border-right:0px solid;border-top:0px solid;border-left:0px solid;border-bottom:0px solid;"></a><br><br><br><br><div class="quote-container"><span>Quote:</span>
<div class="quote-block">Originally Posted by <strong>mamaofprincesses</strong> <a href="/community/forum/thread/1280959/we-got-served-today-about-an-accident-that-happened-a-year-ago-i-ve-got-a-headache#post_16064376"><img alt="View Post" class="inlineimg" src="/community/img/forum/go_quote.gif" style="border-right:0px solid;border-top:0px solid;border-left:0px solid;border-bottom:0px solid;"></a><br><br><p>My DH was also sued for an accident he was involved in, almost a year after it happened. The insurance company took care of everything (it was settled out of court, but had it gone to trial, the defense attorney was covered by the insurance company). You COULD be liable if the guy is suing for more than the coverage you had at the time of the accident. So contact your old insurance company and find out what personal injury coverage you had at the time - if he's only asking for $25,000, you should be fine! I think that would be covered even if you only had very basic coverage.</p>
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<p>Adn they accused my DH of being reckless too, and it WAS declared his fault, but there were many mitigating factors - the weather was awful, and the other driver lost control of her vehicle first. DH should have been going slower and been able to stop, but it is what it is. Don't freak out if they declare it your fault or pay the guy - it might be cheaper for them to pay then to go to trial.</p>
<p> </p>
<p>GL!</p>
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<p><br>
The papers say "in excess of $25k" which makes it sound like $25k is the minimum required to go to court over in this matter? and he's suing DH for the same amount(so a minimum of $50k+court costs???. The car I was driving was DH's car(my name wasn't on it, and actually, I'm not sure if I was on his insurance yet(and since I didn't have a car, I had none of my own)) I think we had just cancelled our full coverage insurance(before we got married, DH was a kid who liked cool cars, the car was luxury car, the guy probably thinks we have money <img alt="lol.gif" src="http://files.mothering.com/images/smilies/lol.gif" style="border-top-width:0px;border-left-width:0px;border-bottom-width:0px;border-right-width:0px;">) for bare bones basic insurance.</p>
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<p> </p>
<p>So, what if, say, we are found to be at fault, AND the insurance refuses to pay(or we're stuck paying $xxx amount)? Would we owe him for the rest of our lives? Find ourselves imprisoned? </p>
<p> </p>
<p>I really hope this bites him in the butt later on (and my faith gives me the peace of knowing that he will get what he deserves, whether it's in this life, or in the afterlife, so that's a comforting thought <img alt="lol.gif" src="http://files.mothering.com/images/smilies/lol.gif" style="border-top-width:0px;border-left-width:0px;border-bottom-width:0px;border-right-width:0px;">)</p>
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<p><br>
Wow, that's a lot of ifs. I just don't know. I don't think you need to worry about imprisonment, but driving without insurance is very serious. Your DH's policy may have covered you, I don't know. You really need to contact that insurance company and find out the specifics!<br>
 </p>
 

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<p>This list of injuries is ludicrous, and I don't think you need to worry about it looking as bad as it sounds. DJD stands for degenerative joint disease, essentially, arthritis. It's pretty unlikely that he developed clinically significant DJD in multiple joints in just 2 years. Especially in the type of accident you describe. Injuries to his neck, mid-back, low back, knee, shoulder...uh huh. He is describing the musculo-skelatal complaints of your typical middle-aged overweight man, even with no accident. </p>
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<p>Definitely contact your insurance company for advice, but I don't think you have too much to worry about. </p>
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<div class="quote-container"><span>Quote:</span>
<div class="quote-block">Originally Posted by <strong>Amatullah0</strong> <a href="/community/forum/thread/1280959/we-got-served-today-about-an-accident-that-happened-a-year-ago-i-ve-got-a-headache#post_16064044"><img alt="View Post" class="inlineimg" src="/community/img/forum/go_quote.gif" style="border:0px solid;"></a><br><br><p>c6/7 disc herniation;</p>
<p>L3/4 disc herniation with annular tear;</p>
<p>left knee injuries with contusion, tendinosis, DJD and effusion, and related injuries thereto;</p>
<p>left shoulder injuries with DJD, impingement and subacromial bursitis, and related injuries thereto;</p>
<p>Cervical thoracic lumbar sprains and related injuries thereto;</p>
<p>Pain and suffering, past, present and future;</p>
<p>emotional distress, past, present and future;</p>
<p>loss of vitality of life, past present and future;</p>
<p>excess loss wages.</p>
<p> </p>
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