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06-08-2005, 12:50 PM
| | Junior Member | | Join Date: Jun 2005
Posts: 1
| | | What should we do??(A car accident happened 3 years ago)
Denver, CO
My husband is sued by someone!
In 2001, before my husband moved to another country, he moved his stuff to his friend's house with a rented pickup. On his way to his friend's house, a mattress flied out of the truck, which caused a car accident. The car behind him rolled over the road when it tried to avoid the mattress. But my husband did not know that at all, not until several days later, when the truck rental company told him that the police was looking after him because he caused a car accident. So, he called the police and was told that he caused an accident, but that driver was fine. Nothing happened during the next six month when my husband was still living in Denver. Then he moved to another country and lived there for about two years. Last year, we moved back to Denver. Now that guy found my husband and sued him for physical and psychological compensations. But in the letter from his lawyer, I can not see any obivous physical hurt. Among the list of the compensations, most of them are for the psychological ones. That's ridiculous!
My questions are: what is the motivation of the plaintiff? Want some money from the insurance company, because it is apparent that there is no big hurt to him physically? 
What should we do now? And how much chance we can win in the court? And also, according to our current situation, it is difficult for us to afford a lawyer. 
Pleas give me some ideas what and how to do next??
Any input is appreciated!!
Last edited by kuku; 06-08-2005 at 12:55 PM.
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06-08-2005, 05:21 PM
| | Senior Member | | Join Date: Jul 2002 Location: Bay Area, CA
Posts: 7,552
| | | If you had insurance at the time of the accident, contact them. |
06-08-2005, 05:44 PM
| | Junior Member | | Join Date: Nov 2003
Posts: 16
| | statue of limitations - look it up Quote: |
Originally Posted by kuku Denver, CO
My husband is sued by someone!
In 2001, before my husband moved to another country, he moved his stuff to his friend's house with a rented pickup. On his way to his friend's house, a mattress flied out of the truck, which caused a car accident. The car behind him rolled over the road when it tried to avoid the mattress. But my husband did not know that at all, not until several days later, when the truck rental company told him that the police was looking after him because he caused a car accident. So, he called the police and was told that he caused an accident, but that driver was fine. Nothing happened during the next six month when my husband was still living in Denver. Then he moved to another country and lived there for about two years. Last year, we moved back to Denver. Now that guy found my husband and sued him for physical and psychological compensations. But in the letter from his lawyer, I can not see any obivous physical hurt. Among the list of the compensations, most of them are for the psychological ones. That's ridiculous!
My questions are: what is the motivation of the plaintiff? Want some money from the insurance company, because it is apparent that there is no big hurt to him physically?
What should we do now? And how much chance we can win in the court? And also, according to our current situation, it is difficult for us to afford a lawyer.
Pleas give me some ideas what and how to do next??
Any input is appreciated!! | |
06-08-2005, 05:45 PM
| | Senior Member | | Join Date: Jun 2000 Location: Somnambulist University
Posts: 40,101
| | Quote: |
Originally Posted by kuku Pleas give me some ideas what and how to do next?? | Two things:
1) Have him turn this over to his insurance company, and
2) The SOL for bringing a property damage and/or personal injury claim in Colorado is TWO years from discovery of actionable injury.
__________________
There are at least 17 lawsuits (!!) filed in various courts, including the US Supreme Court, asking if Obama is a natural born citizen (as req'd by Art II, Sec 1 of the US Constitution).
Why has he spent over $1.7M in legal fees to block disclosure... rather than spend $12 for a VALID birth cert to settle the matter? The 'certificate' he has presented doesn't qualify to get a drivers license, wouldn't allow a child to qualify for Little League, or for a real citizen to get a US passport!
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06-08-2005, 05:50 PM
| | Senior Member | | Join Date: Jul 2002 Location: Bay Area, CA
Posts: 7,552
| | Quote: |
Originally Posted by houstonrockets statue of limitations - look it up | If the husband was out of the country, the statute of limitations was likely tolled -- the insurance company will know for sure. |
06-08-2005, 06:28 PM
| | Senior Member | | Join Date: Jun 2000 Location: Somnambulist University
Posts: 40,101
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Originally Posted by divgradcurl If the husband was out of the country, the statute of limitations was likely tolled | If you mean the SOL 'clock' was suspended (not 'tolled' which means expired), you are not correct as notice could have been made via service on the spouse.
__________________
There are at least 17 lawsuits (!!) filed in various courts, including the US Supreme Court, asking if Obama is a natural born citizen (as req'd by Art II, Sec 1 of the US Constitution).
Why has he spent over $1.7M in legal fees to block disclosure... rather than spend $12 for a VALID birth cert to settle the matter? The 'certificate' he has presented doesn't qualify to get a drivers license, wouldn't allow a child to qualify for Little League, or for a real citizen to get a US passport!
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06-08-2005, 06:36 PM
| | Senior Member | | Join Date: Jul 2002 Location: Bay Area, CA
Posts: 7,552
| | Quote: |
Originally Posted by JETX If you mean the SOL 'clock' was suspended (not 'tolled' which means expired), you are not correct as notice could have been made via service on the spouse. | My bad. I meant "suspended," not "tolled." As far as notice on the spouse, I read the OP's story as implying that she wasn't in Colorado until the husband moved back to Colorado after the 2 years overseas, so she wouldn't be available for service any more than the husband would. |
06-08-2005, 07:49 PM
| | Senior Member | | Join Date: Jun 2000 Location: Somnambulist University
Posts: 40,101
| | Quote: |
Originally Posted by divgradcurl As far as notice on the spouse, I read the OP's story as implying that she wasn't in Colorado until the husband moved back to Colorado after the 2 years overseas, so she wouldn't be available for service any more than the husband would. | Where did you get that??? I don't see anything to even suggest that to be the case.
__________________
There are at least 17 lawsuits (!!) filed in various courts, including the US Supreme Court, asking if Obama is a natural born citizen (as req'd by Art II, Sec 1 of the US Constitution).
Why has he spent over $1.7M in legal fees to block disclosure... rather than spend $12 for a VALID birth cert to settle the matter? The 'certificate' he has presented doesn't qualify to get a drivers license, wouldn't allow a child to qualify for Little League, or for a real citizen to get a US passport!
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06-08-2005, 09:10 PM
| | Senior Member | | Join Date: Jul 2002 Location: Bay Area, CA
Posts: 7,552
| | Quote: |
Originally Posted by JETX Where did you get that??? I don't see anything to even suggest that to be the case. | Here's where I think I made the assumption:
"Then he moved to another country and lived there for about two years. Last year, we moved back to Denver."
"He" moved, but "we" returned. Clearly if my reading was incorrect -- and it probably is -- the SOL has long expired. I answered based on my (possibly flawed) reading of the facts. Maybe the OP will return and clear things up. | |
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