Hit a pedistrian

[TIA]

My common law boyfriend hit a pedistrian with my car. The pedistrian was a 14 year old girl who walked out infront of him. The speed limit is 35 mph. The police say from the tire marks that he was doing 49 to 51. My boyfriend says no way only 40-42. Any how the girl died. We jointly own a home in Montgomery County PA, even thought this is both parties fault, the parents are sueing us. Can they take our house? 401k? We don't have much in assests.

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face=" Arial, Verdana, Helvetica">quote:</font><HR>Originally posted by TIA:
My common law boyfriend hit a pedistrian with my car. The pedistrian was a 14 year old girl who walked out infront of him. The speed limit is 35 mph. The police say from the tire marks that he was doing 49 to 51. My boyfriend says no way only 40-42. Any how the girl died. We jointly own a home in Montgomery County PA, even thought this is both parties fault, the parents are sueing us. Can they take our house? 401k? We don't have much in assests. <HR></BLOCKQUOTE>

My response:

I am truly saddened to read this. Tire skid marks are independently verifiable, and the "science" of skid marks will weigh heavily against your boyfriend's non-scientific opinion.

I hope that your boyfriend had insurance, both for the sake of the girl's family, and that of your boyfriend's defense - - both criminal defense and civil damages defense.

You never mentioned, in all of this, the exact place on the street where the "14 year old girl who walked out in front of him" because you have opined that this accident is "both party's fault." So, I would like to help you come to a better or more accurate conclusion in that regard.

If the parents are able to win their lawsuit against your boyfriend (and you, if you were a co-owner of the vehicle), then yes, they could theoretically empty your assets if there is insufficient or no insurance.

Should that be the case, you might want to discuss your options with a Bankruptcy attorney after all insurance monies are paid out to the girl's family.

So, write back and let me know the answers to the questions, and all other pertinent information you can.

IAAL



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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 

[peter]

Is it a dangerous intersection?, was it at night and she was wearing black clothing? The speed problem may be questionable, but if she just darted out in front even at 35 she STILL WOULD BE DEAD! thats the stance you have to take! no kidding.

How do you know he is at fault? dont even think that for a minute.....if you feel sorry they will get you.

Now for your insurance compnay they will raise you rates even though you are not at fault, if they pay any money on your behalf your rates will go up.

So do not settle with them go to court and you will win.... She would have died anyway no matter what the speed.

she is at fault........do you get it?




[This message has been edited by m martin (edited September 07, 2000).]

 

[TIA]

The girl had crossed two lanes of traffic at 9:00pm on a poorly lite street. She was jaywalking and possible talking on the phone. They found a cell phone near by. Also she was wearing dark clothing. She hit at the passenger side headlight. We have witnesses. We still haven't gotten word if her medical reports show if she was drinking or doing drugs. They did a blood test on my bf to see if he was drinking (he was leaving a bar where he plays pool when this happened)or doing drugs and they came out negative.

I am the sole owner of the car and my insurance company has already told me that they are going to pay out the $50,000 dollar liability claim. Hoping that this may settle the claim.

 

[peter]

GET a lawyer FAST!......if your compnay pays ONE CENT your rates will go up, or might get cancelled! Read you r policy it's in there no kidding!

YOU MUST DEMAND THAT THEY ARE PAYING THIS OUT OF CONVIENECE...and it not be chraged against your policy! And get it in writing!

Do not sign the settlement without it....it WILL cost you thousands out of your pocket if they cancell your insurance and no body will pick You up... AND you will have to get sr22 at double or triple the rates you are paying now

Sure its not right, but you have been warned.

 

[peter]

Dont kid around with this, death is serious and no other insurance company will want you as a client.

So you must get a lawyer and sue your insurance company to protect your rights to a renewal policy at the same premium you are paying this year.

Am i making myself clear......I bet the company is allstate.

YOU are not at fault dark clothes jaywalking 9 PM you owe NOTHING!

Just make sure you get that in writing!

 

[TIA]

<BLOCKQUOTE><font size="1" face=" Arial, Verdana, Helvetica">quote:</font><HR>Originally posted by peter:
Dont kid around with this, death is serious and no other insurance company will want you as a client.

So you must get a lawyer and sue your insurance company to protect your rights to a renewal policy at the same premium you are paying this year.

Am i making myself clear......I bet the company is allstate.

YOU are not at fault dark clothes jaywalking 9 PM you owe NOTHING!

Just make sure you get that in writing!<HR></BLOCKQUOTE>

Actually it's State Farm. Question what is minors compromise? The insurance agent said that they have not heard from the girls parents yet and when they do they are going to get them to sign a minors compromise.

What kills me about the whole thing is that she walked out in front of him but we are the ones who are going to get sued. We bearly have anything as it is. A house, 401k, small savings, car loan but that's about it. The house has only 10,000 equity. I was just told today that the DA's office is going over the accident to determine if they should press charges against my bf. The are also trying to determine if he really was considered speeding since 2 feet up from the incident is a speed sign of 45. The road starts at 35 mph then goes to 45. This is a mess. Also we are in the process of getting married. Should we hold off on this until everything is settled?

 

[peter]

Yes DO NOT under any circumstances GET MARRIED, untill this is all settled.

Yes you will need the money for a lawyer, remember SHE is at fault...and guess what if he was going 42 well he saw the 45 sign and increased his speed.... and only 7 miles over the 35 speed limit 2 feet away from the 45 speed limit sign...

I mean that is REALLY LOOKING FOR A NEEDLE IN THE HAYSTACK to charge your boyfriend.

You really are going to have to stand your ground no matter how dirty this gets.

She was talking on her cell phone, wearing dark clothes, and a dimly lit street at 9 PM, and JAYWALKING...NO ONE would have seen her.

Oh by the way what is a 14 year old doing with a cell phone? Drug dealing? see it could get dirty!

 

[LegalBeagle]

If it ever goes to court.. get the records for the cell phone and see if she was indeed distracted by talking on the phone.

There was a case a while back where the police pulled the cell phone records and determined a man was using the phone when he crashed and killed someone.. he was banged up because of it.

 

[peter]

I would even go one step further and counter-sue the parents for insurance fraud.

They have NO right to get anything if their daughter is at fault.

 

[peter]

of course you hav to unnerstand that i'm an idiot and dont have any idea whut i'm talking about, but i'll keep giving stupid sugestions to people ANYWAY!!

 

[I AM ALWAYS LIABLE]

My response:

I can't say that I necessarily disagree with you, but are you okay? Lately you've been writing some weird entries, like the one above. What's going on with you?

IAAL

------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 

[peter]

somebody thinks its funny to write things with my name on it.

But they really have to protect themselves, and feeling sorry for a 14 year old who did something so stupid, and got herself killed, is a BAD IDEA.

Only feel sorry for this kid when everything is OVER, then the parents cannot sue you if you say youre sorry,

Remember you have to think dirty, 14 years old and a cell phone? Hmm trailer trash, maybe she has a pimp? Think Rikki Lake

 

[TIA]

Just wanted to post an update:

The DA didn't press any charges against my bf. They said the speeding was insugnificant to this case especially since 2 feet up the road was a 45mph sign. The found the young girl to be irresponsible for jaywalking.

Her parents have not filed a claim yet but my insurance company is still going to pay them $50,000 (called a convenience payoff) and have them sign a minor compromise document. If they sign they can not sue my bf and I for any further $.

 

[peter]

TIA:

AS I STATED BEFORE GET A LAWYER TO MAKE SURE YOUR INSURANCE COMPANY DOESNT SCREW YOU!

DO NOT SIGN THE SETTLETMENT.....YOU ARE GOING TO BE SCREWED!

UNTIL You have it in writing that State Farm will pay this as a matter of convience, and that you are guarenteed renewal polices at the same rate you are paying now.

THEY WILL SCREW YOU...DO YOU READ ME

They can raise your rates, lose you safe drivers and mulit car discount, and maybe cancell your policy.. because they paid the claim....do you hear me?????

Allstate tried that with me, so I called the regional vice president, call his secretary every 4 letter word in the book, and demanded to speak the the attorney that paid fraudlent claims. I was going to report them to the insurance commission, claiming MY insuance company paid a fraudulant claim raised my rates 40% and threaten to cancell if i didnt pay the increase.....

Well it worked I got my safe drivers back and no increase in premiums in Just 3 days!