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serious trouble... please help me

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J

jdhorse

Guest
I live in Mansfield Ohio.. Im was on my way home from work one day. And was following a car.. They suddenlly put there brakes on while going 35 mph. And i was looking to the right at a house and slammed right in back of them... We were all wearing seat bealtes luckily..We all got out of our cars and everyone was ok.. They said they wern't hurt and i wasn't either.. The highway patrol came and asked us if anyone was hurt. All of us said NO. Then we procedded wityh filling out the accident reoport."we were both sited" i got sited for rearending.they got sited for abrupt stop for mo reason.. And i gave them MY insurance campany/# Which at the time i thought it was correct but it was not.. My insurance had expired... I go home call the insurance company to find out that it has been expired.. So then i sit and wait.. Meanwhile i fix my pick up truck my self.. Spending roughly 2000.00 dollars.. There insurance company then get a hold of me and says that there car was pronounced totaled.. And that they want me to pay the full amoount.. 2.800.00.. I said no i will not do that because it was Both of our faults.. so she said she will get back with me.. Which they did..And now she is saying that i pay 90% of the auto and 100% of the bodily damage done to the 2 drivers.. 400.00 to the son"driver" and a amount that is still pending for the "mother"....I offered to Pay 50% of everything which i9 felt was fair seeming that we were both sited... They replied and said NO WAY they need 90% and 100% ...... The hole thing happend because the mother was yelling at the kid to slow down,and he got mad and slammed on the brakes.....

Any ways i would really love to hear from some of you on how i should handle this matter...


Any help is greatlly appreciated..

Thank you very much


 


HomeGuru

Senior Member
Pay the $2800 and have them sign a hold harmless indemnification letter so that you are not liable to them for anything else.

Why, you may ask? Well if you were driving at the correct distance away from the vehicle in the front in relation to the speed you were going AND paying attention, you would not have rammed into the car even if the vehicle in the front stopped suddenly.
Although you may feel that you are only 50% responsible, in the court of law you will be held out to be more than 50% liable. Just getting an attorney to represent you in the event of litigation, would cost you more than the settlement amount. It is based more on economics than percentage of liability.

[Edited by HomeGuru on 02-09-2001 at 08:36 PM]
 

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