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Almost exactly 2 years ago my AH pulled out onto a busy street and slammed into a car he didn't see coming. He was sober, we were fully covered. We weren't charged with anything at the time. He was very sorry about it. About a week later he told me the lady he hit was claiming an injury. He felt bad about it because she is older and hoped she wasn't injured badly. Regardless, we didn't hear anything about it untill AH got served a summons yesterday. He was visibly upset, shaking and swearing. He says that the accident wasn't his fault- she was speeding, on her cellphone- didn't even see us. And that she never claimed injury before. I said "you knew about it, you told me about it". He denied that and was very angry, practically foaming at the mouth and insisted he never heard anything about it, I realized that it didn't really matter. The lawsuit is for a ridiculous amount of money- hundreds of thousands of dollars. Personally I think the case is bogus, but I really don't know how these things go. I really want it to be just his problem and have as little to do with it as possible, but what if he ruins everything with his signature negligence or hostile behavior?
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I'm like a pinch of tea...put me in hot water and see how strong I can be.
He should get in touch with his insurance carrier and he might have to hire an attorney and counter sue for the attorneys costs that he is going to have to pay out which are any where from 1500 to 3000. People do this all the time. Does he have her tag number? Can he get pics of her on her cell phone driving? Running a red light? I would get evidence. Could he hire a private investigator? There is nothing wrong iwth doing it himself. Good luck. I hate people who do things like this. Your husband probably really didn't know. Cases like these are usually thrown out. Question? Did your ah's insurance company have her go to one of their doctors to get checked out? It's usually protocol, if so (hope so) then get the report of what they said. Did she go to the ER following the accident? Did she drive after the accident? Are there any accounts of her being outside? What is she claiming she hurts on? Her neck, back??? Take pics of her mowing her lawn, or driving, or picking up something. Trust me.....they usually screw up. My neighbor was a PI. I loved it when he caught people lying just for some cash. Good luck I hope you catch her in her lie.
She is claiming injuries to her neck and spine, headaches, emotional & psychological distress and loss of work. He saw her walk into the rent-a-car office days after the accident, but other than that we have not seen or heard from her at all. I don't know how he knew that she was claiming injury, I only know that he knew because he told me. I saw her on the phone (I was in the front seat) seconds after the cars collided. This doesn't mean she was on the phone at the time, but it's likely. The thing is, he is still at fault. He did not yield the right of way...he didn't see her. He stopped and he looked, then he went and I saw her white car and BOOM!! I suffered some whiplash but never saw a DR. so I believe she could have been injured too. I am basically suprised at his attitude "It's not my fault they're out to get me" and am hoping he will handle it with maturity and...grace (LOL). I will suggest to him those other things, if nothing else it will give him something to do...
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I'm like a pinch of tea...put me in hot water and see how strong I can be.
Can you control what he does? I guess that answers your questions...sortof.
The gal has to prove he was negligent. There is no use doing anything until you know how she is going to go.
She is suing HIM. Meaning he does not have to prove he is innocent.
However, if he pulled out into a busy street, she had the right of way right? Whether she was speeding or not, he judged her distance or should have and pulled out.
This is exactly why I got a legal separation. In Oregon, it means I am married to him, period, but I am not responsible if he gets sued. I was not even losing my house over his disease.
In Oregon we have a lawyer referral program so you can see an attorney for a minimal amount. He or she can give you guidance as what to do. and or what to expect.
Day at a time. We cannot control how anyone else acts but us. I can tell you the wierdest things happen in this kind of stuff. My moms friend was given a free llama. The ex owners came over with out calling,wanted to see him.
The couple who had him were nice people, had a small farm. Well the guy who came out got pecked by a chicken, sued and got $50,000.
Blows me away. This gal who your husband hit, probably had up to two years , statute of limitations, she could sue. Do you know the exact date of the accident.
Well dang, what a mess hon. Do you own your home? Your attorney will help you.
Keep us updated, keeping you in my prayers. love,debilyn
My daughter and I went thru this, when she had an accident and hit a couple in front of her. Her insurance hired a lawyer and handled it all, the couple settled for a lot less than they had sued for, which was $300,000!!!!!! I think they ended up getting med. bills paid, and their car fixed. Stuff they were entitled to....which was only right. In this instance, however, my daughter did rear-end them at a light. She is driving much better now that she is grown up and bought her OWN new car, by the way!
Debilyn, I am sorry, but I had to laugh out loud at the guy who got pecked by a chicken! The things people dream up to sue over, is what makes insurance so darn high! OMG. I know it wasn't funny, but that gave me the biggest laugh I've had all this whole sucky week. And I desperately needed one, so thanks. See, you never know when your words will be just what someone needs to hear! I can just see this guy running into the lawyer's office "I got PECKED BY A CHICKEN!!!! IT WAS A HUGE CHIDKEN, YOU SHOULD HAVE SEEN IT, IT ATTACKED ME!!! LOOK AT THIS PECK MARK ON ME!!!! I AM SCARRED FOR LIFE, BY A CHICKEN!!!" What a dork. I love your Eden stories, by the way, you NEED to write a book!
At first I was very scared because we do own our home and I figured the lady must have known that or else she wouldn'tbothered. But the truth is that the insurance company is the one paying the cash if she wins her case. -If she wins her case, how will this affect the AH's driving record? When he finally decides to work, he usually picks up jobs delivering. BTW I was attacked by a chicken when I was a kid. It was a mama hen who thought I was after her babies. SHe kicked my butt; pecked me all over till I ran away screaming and covered with welts. If only I knew then what I know now...
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I'm like a pinch of tea...put me in hot water and see how strong I can be.
"I really want it to be just his problem and have as little to do with it as possible..."
Unfortunately, since you are married, there is no way you can make it "just his problem." You are both equally liable if the lawsuit turns out in her favor. Sad but true. Yep, I think AH needs to get "lawyered up." In most cases the insurance companies hammer out a solution, and it's anyone's guess what they will decide.
This is just another of the problems of being married to an A. There is no way in the world to really detach, as his financial and legal woes are yours as well.
Good luck,
Diva
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"Speak your truth quietly and clearly..." Desiderata
