ran over my friends foot. now he's going to sue me

[sbvr6]

What is the name of your state? california


on August 18th of 2007 I went to a bar with my girlfriend and my best friend. They both drank, but I drove. He asked me if he could dance with my girlfriend and I said no, later he kept trying to dance with her so I got pissed and decided to leave him there.

I went out to my car, when I was pulling out of the parking lot he ran up to my window yelling something (don't even remember what he was saying anymore) we were in a parking lot and there was a car behind me honking so I had to maneuver back (paralell park to get out of his way) I told him I was going to get out of this guys way, he started to move but he was drunk and stumbling around. I turned the wheel all the way to the right to begin to parallel, and he stumbled in front of my car and I ran over his foot, thus it got broken.

We didn't file a police report, and I drove him straight to the hospital, I did not have auto insurance at the time, my policy had just lapsed and I was still undecided on if I was going to stay with that company or not (I know dumb Idea to drive around without insurance)

He filed the incident under his insurance through his work saying that he hurt himself, I ended up paying 1468.98 for his co pays. He had to have surgery on the foot, and was in a cast for about 2 or 3 months. There was a pin in his foot but It got taken out.

He really wants to be compensated for this, and he thinks i am lying about not having insurance. He called a couple different insurance company's filing claims with them in hopes that I had insurance at the time.

I spoke to him the other day via text message and he said he needed my address, but wouldn't tell me why. I told him i would give it to his lawyer, so he gave me the lawyers name and number. I call the lawyer and the first thing he asks me is if I had insurance and if i did I needed to tell him now. I said no and he didn't ask for my address. he said he would call esteban back and find out what he wants to do now.

The guy is being a big ******* about all of this, and I'm not really sure what to do. He's dead set on suing me, I'm only 19 years old, I live with my girlfriend and I do NOT have any assets. Can this guy really sue me, and for how much? I'm really looking for some advice on how to handle this situation.

 

[msiron]

No insurance, no excuse, your responsible. Yes he can sue you and his work medical insurance or workers comp (which ever he used) can go after you for the money.

You both committed insurance fraud by lying about the accident to his carrier.

Did you keep copies of the receipts for the $1468.98 you've already paid out?

How much? who knows. Medical bills, plus. Out of curiosity what did you or him tell the hospital that happened when you took him there.

 

[ecmst12]

I disagree that you are responsible at ALL for his injury. He should not have been stumbling drunk around a moving car; he is responsible for his own injury.

I think the insurance the friend used is health insurance, and there is nothing fraudulent about that.

If he sues, you will have to get a lawyer, but I don't think he will win. You paid for his copays because he was your friend, not because it was your fault that he got hurt.

 

[xylene]

I have had my foot run over by a manuevering car...

You must have been moving pretty quick and / or have a very heavy car.

Because even with an average weight car at an average tire size, the PSI on the foot, well its a little less than getting stepped on by a person with size ten shoes who weights 210 lbs.

Not fun, but their must have been some pretty good momentum involved.

 

[sbvr6]

I had a bmw 535 at the time.

the guy is only about 110 pounds and maybe 5"2

I did feel bad about the incident and that it was partially my fault so I agreed to pay his co pays, plus we were still friends at the time, and he did not have the money at all to pay for the medical.

I never spoke to his insurance company once. I don't know what he told the hospital, But I do know he told the insurance company that he hurt himself.

I also found out that after the incident he filed for disability and got 1 1000 dollar check from them, and 300 dollars every 2 weeks 6 or 7 times. So i don't think he can really come after me for lost wages, although he says he made 600 every 2 weeks before.

I don't think I really committed insurance fraud, since I never spoke to them at all. I never gave anyone my side of the argument. there was no police report involved as well.

 

[sbvr6]

Did you keep copies of the receipts for the $1468.98 you've already paid out?

yes I made sure I paid him through a cashiers check to the exact amount of the medical bills. I now have a little stub that says I payed him that amount with his name on it.

 

[sbvr6]

I think the insurance the friend used is health insurance, and there is nothing fraudulent about that.

yes it is health insurance, he gets it through his work "trader joes", its a small grocery store chain here on the west coast.

 

[ecmst12]

Heh, Trader Joe's ain't that small, we have them here too, all over the place!

Anyway there was nothing wrong with him using his health insurance for his treatment. If he happens to sue you, and happens to win, he will have to pay them back out of whatever he gets from you. But since you're not at fault for what happened, the chances of that happening are very slim.

As for the force needed to break the foot, has less to do with speed and more to do with the part of the foot that was run over. If the car went over the very top of the foot, it would be more likely to break.

Anyway, tell the lawyer to pound sand if he calls you again, and see what happens. I think you have a good case if you are sued, which means the lawyer probably wouldn't even try to take it to trial.

 

[xylene]

As for the force needed to break the foot, has less to do with speed and more to do with the part of the foot that was run over. If the car went over the very top of the foot, it would be more likely to break.

Point taken, However my line of examination was not about physics... I was trying to weigh how "Accidental" the injury was to a 'friend' who was drunkenly mackin on his similarly drunk girlfriend...

But I believe the poster is sincere.

 

[ecmst12]

If he was INTENTIONALLY trying to hit his friend, there is no way he would have just run over his foot.

 

[sbvr6]

Point taken, However my line of examination was not about physics... I was trying to weigh how "Accidental" the injury was to a 'friend' who was drunkenly mackin on his similarly drunk girlfriend...

But I believe the poster is sincere.

No I really did not intended to run over his foot at all. As pissed off as I was at him, I still immediately got out and drove him to the hospital. and waited there and took him home.

so you guys really don't think he has a valid case against me? I'm really worried, I'm only 19 and I really don't think I could afford this at all. I don't rely on my parents for money, and my paychecks just cut the bills.

I really thought i did the right thing by helping him out with his medical bills, even though I don't feel completely at fault. yes it was my car that broke his foot, but he shouldn't have been in a parking lot at night drunk right? besides he was underage drinking at a bar.

My friends are telling me that if it was my car that ran over his foot then no matter what it was my fault.

 

[ecmst12]

It's a common misconception that any time a pedestrian is hit by a car, it is the car's fault. That is not true at ALL. Your friends clearly do not have law degrees or work for insurance companies, so they don't actually KNOW anything, they're just repeating stuff they've heard.