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can i UN sue someone?

  • Thread starter Thread starter iwant2know
  • Start date Start date

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I

iwant2know

Guest
i was tricked into sueing a friend by my parents after a car accident we were involved in, i was the passenger. my parents tricked me into signing papers telling me it was a claim towards his insurance co. to pay off our lawyer fee's, but i just found out he was served the papers and is now being sued by me. is there a way i can UN sue? or no. please email me at [email protected] asap, thanks.
 


V

Valencia

Guest
Most likely you can file papers to have the suit dismissed. Check with the court where the suit was filed.
 

I AM ALWAYS LIABLE

Senior Member
Valencia said:
Most likely you can file papers to have the suit dismissed. Check with the court where the suit was filed.

My response:

Racer's response is more than likely correct. Our writer sounds like a minor, under the age of 18, but probably 14 years old or older. If that's the case, then I can only imagine that his parents had him sign the "Guardian ad Litem" form which, if he's older than 14, he must sign, which then appoints one of his parents as his Guardian ad Litem for the lawsuit. Therefore, the parents could sue the "friend" using our writer's name in the caption of the Summons and Complaint; e.g., Our Writer's Name, by and through his Guardian ad Litem, "Parent's Name."

Since I believe this is the case, our writer could not have the case "dismissed" on his own. Only his parents could "dismiss" the action.

IAAL
 

I AM ALWAYS LIABLE

Senior Member
iwant2know said:
i'm 20 and my friend's 19.

My response:

Well, that shoots my theory all to hell.

However, we can't really help you anymore until we get more details; i.e., if you're an adult, how is it that Mommy and Daddy "forced you" or "tricked you" into suing your friend?

Also, what's your State name?

IAAL
 
I

iwant2know

Guest
i'm in california, parents hired a lawyer (i don't know why) when my friend and i got in the accident. he was the driver. anyways, parents had me sign some papers saying it was an insurance claim towards my friends insurance co., to pay off the lawyer my parents hired...turns out, the papers (which i didnt' bother to look at when i signed) were made out to sue him AND the insurance co. is that enough info?
 

I AM ALWAYS LIABLE

Senior Member
My response:

Okay, I realize he's your friend, and I realize you're not too thrilled with the fact that a lawsuit has been filed against your friend.

However, you need to realize a couple of things and, hopefully, these will ease your mind somewhat - -

1. You were a negligent-free passenger.

2. The fact is, you were injured.

3. Naming your friend in a lawsuit is necessary, and really amounts to a "formality" of law.

4. Your friend will be defended by his insurance company at no further costs to your friend.

5. You are, in fact, entitled to have your medical costs paid, and to obtain money for your pain, suffering, and inconvenience of having gone to the doctor for treatment. The money will be paid by his insurance company - - nothing will come out of your friend's pocket.

6. This is why your friend has insurance. It's there to cover him, and to cover you, and others, for HIS negligence.

7. You can justify the lawsuit by asking yourself this question - - "But for his negligence, would I have been hurt and caused to seek medical attention?" If the answer is "No", then you're doing the right thing for yourself.

8. In less than a year, you'll get a settlement, and this whole matter will be a distant, and forgettable, bad dream. Your friendship will survive - - I guarantee it.

So, cooperate completely with your attorney and "ride the wave" - - it'll all be over sooner than you think.

Good luck to you.

IAAL
 
R

renter3

Guest
I want 2 know:

If you still feel guilty you could always help your friend out by giving him some money to help pay his higher insurance rates.
 

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