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Lawsuit after insurance paid out

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shiningforce

Junior Member
State: California

Two years ago, I was driving an 85 CRX and rear-ended a then newer SUV. My car was totalled but I only damaged the rear bumper of the SUV. My insurance company paid property damage to the vehicle and an additional 10,000 for each person in the car.
Two years later, I received papers for a lawsuit in which the plaintiffs claim:

"Defendants, and each of them, negligently repaired the Defendants FEASTERS' vehicle resulting in the brakes/master cylinder malfunctioning and causing the FEASTERS' vehicle to strike the Plaintiffs' vehicle resulting in their personal injuries and damages."
So, basically, the brakes/master cylinder malfunctioned resulting in Negligenct Infliction of Emotional Distress (Dillon vs. Legg) and Consortium Loss.
The husband of the driver, not in the vehicle at the time nor near the scene, is claiming emotional distress, loss of consortium, etc.

Now, here's the kicker:

The master cylinder and brakes did NOT malfunction. I slammed on my brakes after the first rain of the season when the roads were slick. The car slowed down for a second and then the brakes locked and I went barreling into this SUV with tires squealing. I did not pump the brakes because I was not taught to do so; I sank my foot hard onto the brake pedal and held it up until the crash. I cannot pull out the master cylinder and prove that it was functioning properly because it was totalled and towed away two years ago, but I am certain that it had nothing to do with the accident.

Since the failure of the brakes is what they're basing their whole case on, do they have any leg to stand on in the eyes of the law? Who has to prove it?

Even if they did suffer any sort of whiplash diagnosed a year after the accident, I'm still convinced that they're just another greedy California family that's trying to squeeze blood from a turnip. Even if I win, I'm still out $10,000 in legal fees and lost wages to defend myself, plus I'll be in school at the time the trial finally takes place.
 
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justalayman

Senior Member
first, how are these folks suing you if the insurance company paid them off, including individual bodily injury claims. An insurance company is not going to make payment unless they recieve the appropriate releases from further claims. A husband is often part of the deal as they do understand the relationship between spouses.

Did you repair the brakes? If not, then who did? It seems that suit is aimed at whomever repaired the brakes, if they were, not neccessarily at you. I presume you were named specifically or youwould not be here but...

in your rendition of the suit, it does not mention the driver, only whomever repaired the brakes. Is that you?

So, did the claim max out your insurance liability? Call your insurance company and notify them of the suit. They are to defend against the claims (as long as they still bear any financial liability)
 

shiningforce

Junior Member
They name myself as the driver, my father (who installed the master cylinder), the unknown repair shop who employed my father (none) and the unknown manufacturer of the master cylinder. My father is not currently a mechanic, but he was a professional mechanic in the military and as a career afterward before his current job.

In any case, they state that the malfunction of the master cylinder caused the crash but there was absolutely no talk of the brakes failing at the time of the crash and no reason to think so after. I had the master cylinder installed a week before the crash and the car was driving and braking fine between the installation and the crash. I simply braked too hard in the rain.

The suit makes no mention of my insurance company. I do not believe they maxed out my policy coverage, but they are demanding over 25,000 each person in addition to the insurance settlement and that does exceed the coverage I had. I should check about that "future claims" clause you're talking about, it could be helpful in throwing this case out.
 

teflon_jones

Senior Member
So your father repaired their car after you crashed into them? :confused:

The release they signed for the settlement of the first accident has nothing to do with any accident that might have been caused by faulty repairs. Two separate incidents.
 

ecmst12

Senior Member
The suit is a load of crap. They don't think they got enough out of the accident already so they are grasping at straws looking for more. Basically they are trying to get money out of your father or his insurance (which would be his professional liability insurance, or if he has none then his homeowners insurance). You are probably protected from this suit due to releases signed when they accepted the prior settlement. You should report the suit to your insurance company anyway as they should be providing for your defense and should be able to get at least YOUR part thrown out pretty quickly.

Your father should report the suit to HIS insurance (as noted above) for the same reason. I don't think the case against him will get very far, but they should provide for his defense.

Let the cylinder manufacturer worry about its own defense. They're even less liable then your dad, especially if there was no malfunction. The burden of proof is always on the plaintiff to prove the facts asserted.
 

ecmst12

Senior Member
So your father repaired their car after you crashed into them? :confused:

The release they signed for the settlement of the first accident has nothing to do with any accident that might have been caused by faulty repairs. Two separate incidents.
Read more carefully. Plaintiff is claiming that a negligent repair BEFORE the accident was the CAUSE of the accident.
 

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