Frivolous to the extreme

[Unjust in Cali]

What is the name of your state? CA
My son, who was a minor at the time, rear-ended a woman in an '86 Ford 5th Avenue which resulted in a small (approx 5x5") dent on the left side of her rear bumper. Cops came, report was written as minor damage, no ambulance, the woman drove away.
Two years, almost to the date later, I'm served with a lawsuit to the tune of $810,000.00.
Only since I was served, did we consider the need to review the police report which stated that my son had told the officer that he had looked away for a minute and saw her breaking, tried to steer clear, but hit the back left of her bumper. Her version is she saw traffic ahead slowing and started to apply her breaks when she saw my son's car about to hit her. My son, after now having to review the report says she stopped suddenly and he could see in her side view mirror she was on the phone.
Insurance company offered her $4500 in March to settle, she refused it.
Yesterday I get papers from my insurance company's lawyer basically asking me for my 'cooperation', which I will gladly go along with.

At the moment, I'm trying to find out if I have any recourse - can I file a counter suit on the woman and her attorney for the 'pain and suffering' (i.e. extreme stress) this is causing? My younger daughter was home when the papers were served and now, though I do my best to shield her from any of this, she worries about us losing our house. My son (who's now 20) no longer wants to drive - stays home most of the time and only drives to school.

I've been hit in the past, even had my car totaled due to another person's fault, but since I wasn't seriously injured, I let it go.

I'm so angry right now - would appreciate any advice I can get.

Thanks!

 

[seniorjudge]

Q: At the moment, I'm trying to find out if I have any recourse - can I file a counter suit on the woman and her attorney for the 'pain and suffering' (i.e. extreme stress) this is causing?

A: No.

 

[ecmst12]

Your son rear ended the woman, he is at fault regardless of what she was doing at the time.

Report the lawsuit to your insurance company. They will provide for your defense. That sounds like an insane number but you don't know what her injuries are. It IS possible to sustain serious injuries in a minor accident. But the lawyer your insurance company provides for you will review her medical records and determine what a reasonable settlement would be, or what would be likely to get awarded if it goes to trial.

 

[Unjust in Cali]

Realizations

I realize my son was at fault, not trying to dispute that at all. As for the circumstances, what she was doing or not doing at the time, everything must be considered as a whole, including the fact she took 2 years to file her suit. A lot can happen within 2 years, such as other injuries that they can try to attribute to this case. The amount being sought for personal property loss is $10k - for an '86 5th Avenue!

This is not my first day on earth or the first time I've dealt with accidents and insurance companies. And let's not even get into the MD's and Chiropractors who enable and encourage this sort of scam.
If I truly believed the woman was really injured by this and deserved compensation, I would go out of my way to ensure justice was served.

Taking everything into consideration, the actual damage, the type of car, her actions contributing to the accident, no ambulance, filing after 2 years, the extreme amount being sought, etc. this amount is out of line.

I'm sick of the greed in our society and the people who think they can upset other's lives with their greed.

All I can do now is hope that the lawyer my insurance company has representing me will do his best to protect me.

Thanks for the responses.

 

[ecmst12]

Of course she didn't file suit until right before the SOL was to expire. She may have still been treating at that point and filing was only to preserve her rights. That's amusing that she wants $10k for a car that's probably only worth about $150 though. No court will EVER let that fly. As for her injuries, she'll have to prove that she was permanently damaged solely due to the accident, though that does include the accident aggravating any pre-existing conditions. She will have to prove that no further trauma took place AFTER the accident which could have worsened her condition. If she can't prove permanent disability, then all she'll get is her medical bills plus a reasonable (small) amount for pain and suffering. How much BI coverage do you have?

 

[justalayman]

as to what she ws doing (talking on the phone) it makes no difference. it did not cause or add to the accident. The total responsibility is with your son. From your description, there is nothing else that is relevent to the causation.

as to waiting, as ecmst12 stated, this is done to preserve ones rights to sue.

as to such minor damage to the car compared to the medical bills, my wife was the injured in similar situation but there was even less damage. Well, 10 or so surgeries later and one artificial shoulder, she is finally doing pretty good.

the apparent damage to the vehicles is not always indicative of the damages incurred by the person inside.

as to the $10k for the car.... well, that is obviously wwwwwaaaaayyyyyy too much for that car.

You need to defend the suit and in doing so, you will find out if the damages are legit or not. $810k sounds extreme for the situation but unless you actually know what the damages claimed are, it is impossible to refute them at this point.


Oh, and to this:

At the moment, I'm trying to find out if I have any recourse - can I file a counter suit on the woman and her attorney for the 'pain and suffering' (i.e. extreme stress) this is causing? My younger daughter was home when the papers were served and now, though I do my best to shield her from any of this, she worries about us losing our house. My son (who's now 20) no longer wants to drive - stays home most of the time and only drives to school

.Hopefully you are simply expressing your angst. If not, shame on you. The woman has every right to file suit to collect her damages. It was your son that got you into this. If you want to sue anybody for all the 'pain and suffering' this is causing, sue him (not seriously) The other party is not at fault here and did not cause the 'pain and suffering' you are experiencing

 

[VeronicaLodge]

excellent answer justalayman!

 

[las365]

Your son has been a near-recluse and afraid to drive for two years? Because he rear-ended someone at low speed?

Just imagine the trauma the woman he hit must have been going through all this time.

 

[xylene]

I have NEVER heard of a "Ford 5th Avenue"

 

[justalayman]

I have NEVER heard of a "Ford 5th Avenue"

How about this 5th avenue?

http://ecx.images-amazon.com/images/I/41qeOfkISLL._AA280_.gif

 

[ecmst12]

How old were you in 1986?

 

[CourtClerk]

Your son has been a near-recluse and afraid to drive for two years? Because he rear-ended someone at low speed?

Just imagine the trauma the woman he hit must have been going through all this time.

I think this whole thread is crap personally.... both sides are exaggerating.

My younger daughter was home when the papers were served and now, though I do my best to shield her from any of this, she worries about us losing our house.

Can you imagine what happens when the Mailman brings a certified letter by??? She was at home when papers were served and now she needs a lifetime of counseling?

Sounds like mom is a basket case and has thrown this all on both of her kids. The whole family needs psychological attention.

 

[Unjust in Cali]

Wow...

It's a shame that this site is manned by so many who feel the need to put down others who are in difficult situations and are trying to seek out whatever advice they can find regarding some pretty important issues they're going through.
When I first got to this site, I read about someone who was looking for advice about whether or not to sign off with his insurance company and I thought some of the responses were somewhat sarcastic and belittling and now I've just gone through my own barrage of caustic comments such as from:

Court Clerk

"Sounds like mom is a basket case and has thrown this all on both of her kids. The whole family needs psychological attention."

No, I'm not a 'basket case' - I'm a highly educated mother who sets a great example for her kids, not someone who gets their pathetic kicks from putting other people down.
And here's a quote for you, CC, as I've also found quotes seem to be used quite a bit on here:
"Better to keep your mouth closed and be thought a fool than to open it and remove all doubt."