Share your thoughts on this civil case

[KevinP73]

A little over a year ago my s/o is driving down the street when the wheel on her vdub comes off and hit an oncoming van in the drivers door. Both parties pull over and exchange insurance info. An occupant in the van (not sure if he was the driver or the passenger) claims he's having a heart attack. He already has had heart surgery in the past as evident by the scar from top to bottom of his chest. The police show up and the old guy is taken by ambulance to a hospital. The s/o reports the accident to her insurance company and they take over. She gets a call from her ins. co a while later stating the the other party has requested her policy maximums. She refuses to disclose the information.
Yesterday she gets served with papers from the old guy. He's suing her for injuries, loss of income, loss of earning potential, loss of personal property etc. etc.
My question is, Why is he going back to the s/o when she had plenty of coverage with her insurance. Shouldn't he be suing the ins. co. and not the s/o?

[Rodeo]

Have her turn over all the papers immediately to the insurance company. They'll take care of it. The old guy has to sue her, she is the supposedly responsible party.

Unless the insurance company has declied coverage for some reason, they will hire a lawyer to defend her, and you're off to the races!

Good luck, but unless he has a really big case or she has really low coverage, everything will be fine. That's why you pay the premiums!

[MikeSid]

The ins co isn't at fault for the accident, they just pony up the money for their insured and have a duty to defend litigation on matters covered by insurance. The proper defendant in the action is the at fault party. The s/o should tender the suit to her ins co. they'll defend it.

[KevinP73]

that makes sense. Thanks

[Rikao4]

Shoot him, claim temporary insanity due to stress caused by suit, then sue his family.
Rika

[legion]

And people wonder why I think plantiff's attorneys are the scum of the earth.

[Jims5543]

Originally posted by Rodeo
Have her turn over all the papers immediately to the insurance company. They'll take care of it. The old guy has to sue her, she is the supposedly responsible party.

Unless the insurance company has declied coverage for some reason, they will hire a lawyer to defend her, and you're off to the races!

Good luck, but unless he has a really big case or she has really low coverage, everything will be fine. That's why you pay the premiums!

Let us know if the insurance company cancels you when its over. Obviously your s/o is high risk now.

BTW- People SUCK! I have to wonder if this cat really had a heart attack?

I saw our Water delivery guy at a light one time, looked like he rear ended a car. He didn't, but the car slammed on its brakes at a green light in an attempt to get rear ended.

The guy claimed he was read ended and injured. The cop was so pissed he almost arrested the guy.

[Rodeo]

Originally posted by legion
And people wonder why I think plantiff's attorneys are the scum of the earth.

What?

Are you that close minded that you not only decide the old guy has no case, but his atorney is scum for even bringing it? You barely know what happened

Wow.

[legion]

He is using this as an excuse to get his medical bills paid as well as making himself (and his attorney) wealthy.

Explain to me how his car getting dented by a tire entitles him to more than getting his car fixed.

[Jims5543]

Originally posted by Rodeo
What?

Are you that close minded that you not only decide the old guy has no case, but his atorney is scum for even bringing it? You barely know what happened

Wow.

Is it possible that the heart attack was the result of years of eating McDonalds, fried food, and other crap coupled with no excercise is the REAL reason the guy had a heart attack.

A tire bounced off the car. Hardly trumatic enough to have a heart attack over.

[Rodeo]

Not arguing with either of you ... if you can come to ANY conclusion after that recitation of facts, you are hopeless.

[Rikao4]

Bingo, point to legion.
Heart attack , easy to validate or kick out , sadly it will be settled.
Rika

[artplumber]

Originally posted by Jim Cesiro
Is it possible that the heart attack was the result of years of eating McDonalds, fried food, and other crap coupled with no excercise is the REAL reason the guy had a heart attack.

A tire bounced off the car. Hardly trumatic enough to have a heart attack over.

Jim, he was just exercising his rights as a consumer, to choose his lifestyle. The damage made him soooo nervous and anxious that the stress caused him a heart attack

[legion]

Yep, rather than settle, which is cheaper in the short-term but far more expensive in the long-term (attorneys routinely ask for $30 million in cases like this, then settle for a few $100,000--what they were really going for), I wish insurance attorneys would try to get the @$$holes who bring these cases disbarred.

[Rodeo]

You are actually proud of your ignorance -- kinda like your hero GWB

Nobody here knows what happened, whether the guy is the biggest liar since dick Cheney or whether he suffered a legit injury while he was minding his own business. No one knows whether he demanded $10 or $10 Million.

But don't let that stop you from coming to conclusions. It's what you do best

[Rikao4]

Now Legion play nice, maybe he's planning a vacation home purchase or needs some more child support $ due to having 3 x wives and kids in law school.
Rika

[legion]

Rodeo, you are yet to explain to me how a tire hitting a car can cause:

1) Injuries--a tire hitting a car will do no more than dent the vehicle.
2) Loss of income--how does a tire hitting a car cause loss of income?
3) Loss of earning potential--how does a tire hitting a car cause a loss of income?
4) Loss of personal property--the only personal property in question here was damaged, unintentionally. The defendant's insurer is responsible for repairs and the plaintiff's attorney is responsible for subrogating for the cost of those repairs.

Sorry, but I've yet to see a case like this that is legit. The old guy knew how to act at the accident scene so that he could sue later. The request for policy maximums was so that his attorney could offer to settle for her limits. That's the real tipoff here--they didn't say how much loss he had suffered and try to get that amount, they first were trying to figure out how much they could get so they could build a dollar amount bigger than that and then offer to settle for policy limits.

[Porsche-O-Phile]

Claim YOU had a heart attack due to the stress the suit caused you, then turn around and sue that mofo for a million bucks. Since he won't be carrying "stress-due-to-suing" insurance, he'll be on the hook for everything and want to settle. Simply offer to settle for the cost of HIS lawsuit plus the price of a new Carerra 4S and live happily ever after.

Gawddamn I swear I missed my calling in life sometimes. . . I s'pose I could still go back to law school. . .

[Rodeo]

Originally posted by legion
Rodeo, you are yet to explain to me how a tire hitting a car can cause:

1) Injuries--a tire hitting a car will do no more than dent the vehicle.
2) Loss of income--how does a tire hitting a car cause loss of income?
3) Loss of earning potential--how does a tire hitting a car cause a loss of income?
4) Loss of personal property--the only personal property in question here was damaged, unintentionally. The defendant's insurer is responsible for repairs and the plaintiff's attorney is responsible for subrogating for the cost of those repairs.

Sorry, but I've yet to see a case like this that is legit. The old guy knew how to act at the accident seen so that he could sue later.

I have no idea ... and neither do you.

CAN all those things happen? You bet
DID any of those things happen? NO idea
IS the old guy CLAIMING any of those things happened? No idea

He could just want his ambulance ride paid for for all you know.
He could want to retire off it
He could still be in the hospital

I have no idea and neither do you

[legion]

And if you think insurance fraud is not extremely common, more so in California, New Jersey, New York, and Florida, then you need to wake up. It doesn't seem to bother you in the least that situations like this eventually get paid for by YOUR insurance premiums.