Might be getting sued

[Krn737]

Ok,
so this is how it went down. Just over a year ago, I got out of work early and i was driving to the beach to go surfing. I was crossing over a high bridge which is 3 lanes wide and i was in the center lane. The speed limit is 50mph and i was not speeding. There was a Shelby GT-500 a few car lengths up in the left lane and an Expedition or some sort of big SUV infront of me. I couldn't see around the SUV in front of me so i checked my mirrors and switched lanes into the right lane because it looked open. As soon as i switched lanes and moved over what i realized was that there was a brand new Subaru WRX wagon stopped on the top of the bridge, no hazard lights on or anything right in front of me. I had a split second to react and i tried to swerve back over into the center lane but it was too late. I hit the stopped car going about 50mph and my car did a 360 on the top of the bridge. The air bags deployed at some point and all i saw was the horizon spin around at least once and then my car stopped facing the proper direction in the left lane.
I got out to make sure that the other people were ok. My car was totaled. The driver said that his back hurt and the lady (pregnant at the time) said that her back hurt as well. She got out and thanked me for totalling out their car. The cops came and finally wrote a report. No one received a citation HOWEVER my insurance company still had to pay for their car and injuries. I've had citations in the past and my insurance has been high so when Geico gave me a good rate on my insurance i went with them. NOT REALIZING that they had lowered my coverages.
Luckily their insurance company accepted the 10k which was my limit. Unfortunately, i've received a couple of letters now from my insurance company telling me taht they are going to try and settle within my limits BUT the people are requesting damages of $200,000!!! My limit is 45 or 60k per accident. The lady is saying that she gave birth to her baby prematurely and that the baby has epilepsy.
I have the right to hire my own attorney or contribute money towards the settlement. I have NO money, no property, and i owe on my truck. I don't have anything. The only thing i have is my military paycheck, how little it is, every month. That's it.
PLEASE if anyone knows anything about this type of thing or any suggestions please let me know. Thanks.
Additionally, I'm on deployment right now so supposedly according to law they can't try to sue me until i get back from deployment....:shrug:

 

[Daniel]

Wow dude I'm really sorry to hear about this, good luck.

 

[RDJ]

I had the same situation. I had an accident the year before I came out here and got notice that they were going to sue me a year later. They had less of a case than your guys do but still my insurance company lawyers represented me well. They pressed the law and the guys suing me couldn't do squat, no discovery, no depositions nothing. My attorney on the other hand had free reign to do it all. I had one advantage in that there was not set date of my return since I am out here as a civilian.

you could probably make some kind of an argument that they didn't have any warning signs or anything out so they are at least partially responsible. If I were you I would see if you can extend your deployment to give your insurance company time to work on it and maybe frustrate them into settling for less money. Hopefully GIECRAP will get some medical experts to disprove the relationship between the accident and the epilepsy

Ok,
so this is how it went down. Just over a year ago, I got out of work early and i was driving to the beach to go surfing. I was crossing over a high bridge which is 3 lanes wide and i was in the center lane. The speed limit is 50mph and i was not speeding. There was a Shelby GT-500 a few car lengths up in the left lane and an Expedition or some sort of big SUV infront of me. I couldn't see around the SUV in front of me so i checked my mirrors and switched lanes into the right lane because it looked open. As soon as i switched lanes and moved over what i realized was that there was a brand new Subaru WRX wagon stopped on the top of the bridge, no hazard lights on or anything right in front of me. I had a split second to react and i tried to swerve back over into the center lane but it was too late. I hit the stopped car going about 50mph and my car did a 360 on the top of the bridge. The air bags deployed at some point and all i saw was the horizon spin around at least once and then my car stopped facing the proper direction in the left lane.
I got out to make sure that the other people were ok. My car was totaled. The driver said that his back hurt and the lady (pregnant at the time) said that her back hurt as well. She got out and thanked me for totalling out their car. The cops came and finally wrote a report. No one received a citation HOWEVER my insurance company still had to pay for their car and injuries. I've had citations in the past and my insurance has been high so when Geico gave me a good rate on my insurance i went with them. NOT REALIZING that they had lowered my coverages.
Luckily their insurance company accepted the 10k which was my limit. Unfortunately, i've received a couple of letters now from my insurance company telling me taht they are going to try and settle within my limits BUT the people are requesting damages of $200,000!!! My limit is 45 or 60k per accident. The lady is saying that she gave birth to her baby prematurely and that the baby has epilepsy.
I have the right to hire my own attorney or contribute money towards the settlement. I have NO money, no property, and i owe on my truck. I don't have anything. The only thing i have is my military paycheck, how little it is, every month. That's it.
PLEASE if anyone knows anything about this type of thing or any suggestions please let me know. Thanks.
Additionally, I'm on deployment right now so supposedly according to law they can't try to sue me until i get back from deployment....:shrug:

 

[RussZTT]

Was the car you hit IN the moving lane stopped? If so, that is your argument right there. On a good note, if you don't own anything then they can't sue you. Usually in cases like this they go after your property to get the money.

This is exactly why I have a Million dollar coverage on my insurance.

 

[Krn737]

Thanks RDJ. I am currently in Iraq and I head back stateside for about 30 days areound Christmas and then I'm gone again until April so hopefully that helps! I will certainly never go with Geico again.
I kept trying to tell the California Highway Patrol that they had no hazard lights on or anything but they never put it in the report.
Additionally, I'm no medical expert but i think i read once that epilepsy can be hereditary? maybe... Don't flame me if i'm wrong.
They both were active duty military at the time of the accident so I'm not sure why they don't just go through military medical?! Plus i thought it could have been staged since they "thanked me for totalling out there car" She sounded relieved that they didn't have to make the car payment anymore. I'm not suggesting anything but something seemed sketchy. How does the clutch go out on a brand new car too?.... That's why they said they were stalled at the top of the bridge.

 

[Krn737]

RussZT, they were stopped in the moving lane. There is nowhere to pull over on the top of this bridge. It spans the gap from downtown San Diego to Coronado island. it's a pretty high bridge too. If their clutch was going i'd think that they wouldn't have been able to make it all the way to the top of the bridge.
I don't own anything. I just went through a divorce and the ex-wife took the very little bit of money i had and in exchange gave me some debt. I'm working on paying off my truck by the time i get back from deployment so that will be the only thing i own of value.

 

[Quik Z06]

I think your best bet is talking to a lawyer and getting their opinion. I had a friend hit a car one night that was parked in the middle of the road broken down (dark countryside) no hazards lights nothing. The cops said it was his fault. I don't see how someone leaves a car in the middle of the street, and can't be partly at fault. I dont think they will get $200K even if they sue. Most likely they will only get what your insurance will pay. Good luck and keep us posted.

 

[tistan]

I can't believe a lawyer would come after you if you have nothing. All they are going to get is you filing bankrupt on them. I bet they havn't hired a lawyer becuase if they are military they probably don't have their own money to pursue this, and the lawyer isn't going to take it unless he knows he is going to get paid when he wins. I wouldn't talk about settling outside of what insurance is offering until they file court papers. Then I would tell them they are not going to get anything from a bankrupt SOB.

 

[TERMIN8TR]

Why can't you sue them? Afterall they "accident" was caused by them stopping on the bridge

 

[RedfireSVT]

first of all you really shouldn't ask for legal advice on svtperformance although adam seems to know alot about the law, go speak to an attorney who specializes in these types of cases. secondly, they are just trying to get a settlement, this will more than likely never go to court and i wouldn't offer anything more than what the insurance is going to pay. it's a scare tactic. there is a saying "you can't squeeze blood out of a turnip". which means they can't get money you don't have, they can go after your property but there are ways around that, filing bankruptcy for instance or puting assets in a family members name. this same type of situation happened to my uncle, a car was broken down in the right lane and he rear ended it going about 50. he was served with papers and it actually went to court because he wasn't gonna give them anything and it was determined the plaintiff was at fault. i think their only argument is that they had nowhere to move the car, an attorney will have more insight on that. they have to serve you with papers first. you can always stay away from your house while on leave. good luck.

 

[Krn737]

Thanks for all the advice. If it looks like its not going to get settled within my limits, then i will definitely get an attorney. At least i have until i get back in April for them to hopefully figure this all out. My truck might be paid off by the time i get back but that's my only transportation and the only thing i will own so they shouldn't be able to take that. Can they go after my Retirement fund in the navy its called TSP (Thrift Savings Plan), kind of like an IRA, i don't have much in it though. I have close friends and family that would be able to Hold on to any finances for safe keeping. I just don't want them to try and garnish my little bit of wages that i make. The military isn't the highest paying job, however at least I'm fortunate to have a job right now.
I don't believe in trying to counter sue. I just don't want this hanging over my head for the rest of my life thinking that they are going to come after whatever i work my butt off for. I have a specific job in the military which requires me to have a clearance and they are very touchy on our finances such as our credit and I would probably lose my clearance if i filed for bankruptcy.
They're a young couple, probably got out of the military during this crappy economy and can't find jobs and now they have a child to support so they are going to afford it the American way, SUE.
Since then I've switched insurance companies and upped my limits a lot higher. If any of you have Geico and they gave you a really good rate, it would be wise to double check your limits.

 

[prostkr]

Your military. Base legal is your friend. I had this happen in Philly (this state is sue happy without no fault insurance back then). They can help you sort out the small details, looks good for you from what Ive read. The longer it goes on the better.

 

[96n03Cobra]

I hope everything works out for you man..but I gotta ask. How do you not look at what your coverage amounts are when you switch insurance companies?

 

[howie8124]

honestly ive only taken one law class but it seems to me like you arent at fault. First a brand new car losing a clutch?? you probably wont be able to have the car checked because it was a year ago but if it was the next day you could have had the car checked because the wife did seem like something was up. you might also be right and it will be hard to determind if the accident caused the child to have epilepsy. and if they didnt have their hazard lights on then there was no indication that they had broke down. Keep us ontop of this just to see how it turns out.

 

[FordSVTFan]

first of all you really shouldn't ask for legal advice on svtperformance although adam seems to know alot about the law

I certainly hope so since I am licensed attorney in a few states.:rolling:

go speak to an attorney who specializes in these types of cases. secondly, they are just trying to get a settlement, this will more than likely never go to court and i wouldn't offer anything more than what the insurance is going to pay. it's a scare tactic. there is a saying "you can't squeeze blood out of a turnip". which means they can't get money you don't have, they can go after your property but there are ways around that, filing bankruptcy for instance or puting assets in a family members name. this same type of situation happened to my uncle, a car was broken down in the right lane and he rear ended it going about 50. he was served with papers and it actually went to court because he wasn't gonna give them anything and it was determined the plaintiff was at fault. i think their only argument is that they had nowhere to move the car, an attorney will have more insight on that. they have to serve you with papers first. you can always stay away from your house while on leave. good luck.

While you are right that they cant squeeze blood out of turnip they can get a judgment and a garnishment against future earnings/assets. They are already suing him as they are going against his insurance company. The judgment will be for a defined dollar amount and of that his insurance company will pay to the policy limits the rest will be his obligations. So there are not going to be two suits.

Under the theory of Comparative Negligence the other couple has some complicity here. They created an unsafe situation. They likely didnt do what the California code requires for broken down motor vehicles, as it is usually entailed and most people dont have the ability to comply because it often requires cones/flags/etc and not just 4 way flashers. That being said he didnt operate his vehicle in a safe manner and he couldnt stop in time.

Thanks for all the advice. If it looks like its not going to get settled within my limits, then i will definitely get an attorney. At least i have until i get back in April for them to hopefully figure this all out. My truck might be paid off by the time i get back but that's my only transportation and the only thing i will own so they shouldn't be able to take that. Can they go after my Retirement fund in the navy its called TSP (Thrift Savings Plan), kind of like an IRA, i don't have much in it though. I have close friends and family that would be able to Hold on to any finances for safe keeping. I just don't want them to try and garnish my little bit of wages that i make. The military isn't the highest paying job, however at least I'm fortunate to have a job right now.
I don't believe in trying to counter sue. I just don't want this hanging over my head for the rest of my life thinking that they are going to come after whatever i work my butt off for. I have a specific job in the military which requires me to have a clearance and they are very touchy on our finances such as our credit and I would probably lose my clearance if i filed for bankruptcy.
They're a young couple, probably got out of the military during this crappy economy and can't find jobs and now they have a child to support so they are going to afford it the American way, SUE.
Since then I've switched insurance companies and upped my limits a lot higher. If any of you have Geico and they gave you a really good rate, it would be wise to double check your limits.

You should read your policy and see if you can force your insurance company to defend instead of settling. A lot of companies will settle a claim for limits of the policy when they are low because they know the litigation would cost more. This could be an expensive litigation as multiple experts are required.

If you can force your insurance company to litigate I would recommend that because they would have to hire the experts. First off her medical records would have to prove that she delivered early because of the accident and then the accident and early delivery was directly relational to the childs epilepsy. Although there is a genetic component to some case of epilepsy it isnt only genetic. However, once she puts that one the table her entire medical history is open season. For instance does she or the baby's father have epilepsy? Does anyone in her family have it? Also, did she miss any prenatal doctor visits? Did she drink during pregnancy, smoke, do drugs, do any risky sports, etc. These could all lead to preterm delivery.

Then her statements thank you for wrecking her car come into play as it can be presented that their NEW car was stopped not because of a mechanical problem but because they fully understand the dangerous nature of driving on that bridge and they were hoping to get it totaled and that is why you were thanked.

I am willing to be after they find out about you financial situation that they will settle for policy limits if your insurance company agrees.

That being said, GO SEE AN ATTORNEY!

 

[VenomRogue]

Your military.

Goto the JAG office (or base legal, whatever its called) and use them to the fullest extent.

Tell them exactly what happened and whats going on with your insurance company.

One of the great benefits of being military.....

 

[wjlane]

Base legal cannot "officially" assist in civil matters. The lawyers may give you their personal advice but they cannot represent you in a civil case. That said, I don't even see where the other party has a case to begin with. Perhaps they are hoping no one will call their bluff and instead, receive a settlement.

 

[Krn737]

As i previously stated, I am technically in Iraq but I'm not anywhere near any base or facility where there is a JAG or a legal office or such. I'll only be back for 30 days over the Christmas time frame and then gone again until April.
At what point do I try to get a lawyer. Should i wait to see if they will just settle within my limits while I'm out here? IF THEY DON'T want to settle within my limits then tell my insurance company to wait until i get back and "litigate" it? Do they have to litigate it? Or will i have to just get an attorney of my own at that point? Are their lawyers competant enough to fight there way out of a damp cardboard box?
Thanks for all the answers so far. Greatly appreciated.

 

[RDJ]

I have preached and will continue to preach against GEICO for this very reason. They have good rates because they insure the good drivers and when one has an issue like yours the settle and then cancel the policy rather than doing the right thing.

You should talk to their attorney via phone (or email ) and go over Adam's post point by point. Frankly I would insist they litigate and tell them if they don't you will be getting your own attorney and countersuing both the plaintiff AND Geico.

You need to also point out to them that you cannot be sued while you are in Iraq and your tour isn't up until April at the earliest and it may get extended. Don't mention the vacation unless they ask specifically about it. In my case vacation did not count as "coming home" and the plaintiff had to wait anyway.

When you do go home get with your JAG office and lay out the situation and see what their advice it. They may have a list of attorneys that give Soldiers a discount or work with them on payment. I don't know if they HAVE to litigate it or not. I DO know that you will have to be present if it goes to trial so there is no way that is happening until April at the earliest. As to the quality of their attorneys I have no idea. I know that my insurance had a kick ass attorney assigned to my case. I had called them right after the accident, told them it looked like a set up and that before they paid a dime to the plaintiffs they needed to do some serious checking into the drivers background. They did and the plaintiff settled for pennies on the dollar and for what I had offered to do for them from the beginning.

Once this is over, find another insurance company. you qualify for USAA and they are miles above GEICO in every way possible.

As i previously stated, I am technically in Iraq but I'm not anywhere near any base or facility where there is a JAG or a legal office or such. I'll only be back for 30 days over the Christmas time frame and then gone again until April.
At what point do I try to get a lawyer. Should i wait to see if they will just settle within my limits while I'm out here? IF THEY DON'T want to settle within my limits then tell my insurance company to wait until i get back and "litigate" it? Do they have to litigate it? Or will i have to just get an attorney of my own at that point? Are their lawyers competant enough to fight there way out of a damp cardboard box?
Thanks for all the answers so far. Greatly appreciated.

 

[Krn737]

I switched to USAA already and I've had them since the accident! They're great.

I'll try to call Geico back today via Skype and make sure they understand that If they won't settle within my limits then i want them to litigate it...