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02 September 2005 @ 06:57 pm
I am being SUED?!?  
Two years ago, as some of you may recall, I was involved in a car accident. I was stopped at a light. There was a car behind me. A third car rammed the car behind me so hard, the second car crushed the rear of my car.

Second car guy is suing both me and third car guy for, among other things, operating our vehicles negligently.


Now I have to contact my old insurance company from when I lived in NJ, find an attorney, and hopefully get his charges against me dismissed.

Or I may countersue. I'm not litigious - not remotely - but screw this. I am so upset, I am shaking. I could cry. I hate this, and I severly dislike and distrust Mister Second Car who merrily walked away from this accident two years ago and is now claiming injuries severe enough that he has not enjoyed congress with his wife.


Did I mention that I my vehicle was not in motion? That I was completely stopped? At a RED LIGHT?
Bird on a Wing: Snarlcaragana_leaves on September 2nd, 2005 11:03 pm (UTC)
Don't let these assholes push you around. If it's taken them TWO YEARS, then they've made something up and want to blame you and steal your money. You were NOT operating your vehicle negligently. If you were stopped at a light, you weren't operating your vehicle at ALL, you were keeping it still.

And if he's not enjoying "congress with his wife" it's because his head is... placed in such a way that it would make "congress" difficult. Idiot. *takes a sword and stands protectively in front of Kelly*
Trouble: homesickliteraticat on September 2nd, 2005 11:07 pm (UTC)

Second of all, this will get thrown out. If it doesn't, you should countersue the hell out of him. Hello, YOU got hit by HIM. How in HELL is that your fault?

Bah. It is a lot of trouble, I am sorry, that sucks. But he is out of order. In Cali, at least, if he hits you, he is automatically at fault. Even if you were doing something retarded, you would get the benefit of the doubt. And if you were stopped at a red light... forget about it.
Jobs, baby, Jobs!picoland on September 2nd, 2005 11:09 pm (UTC)
countersue- if you were the last one hit you weren't responsible- if anything car B is at fault for not allowing enough room between you and him.

Hit 'em like a practice dummy, hard and with no remorse. Just cause asshat has fallen on hard times he's now perpetrating insurance fraud....

yeah I bet he can't get it up cause he's spent his wad on hookers and booze.

Kel: oh dear godladyjoust on September 2nd, 2005 11:10 pm (UTC)
I thought about the distance thing. Totally possible.

And I'd love to hit him with, "Clearly it was the sight of my radiant - if a bit dishevelled - beauty that has ruined him for any other woman."
Jobs, baby, Jobs!picoland on September 2nd, 2005 11:13 pm (UTC)
heh. good thing you didn't have a cache of big honkin steel in the car...

or you could bolt a lance on the passenger side and car- joust him, winner takes all.

Mairearanturas on September 2nd, 2005 11:24 pm (UTC)
Should be fairly easy to get it dismissed -- your insurance company should have the police reports that show you were stopped at a light. It sickens me that somebody would even think of doing this at this late a date. Ugh!
Sarah: Horses perfect (_horse_icons)kachi113 on September 2nd, 2005 11:27 pm (UTC)
If you're rear-ended isn't the person doing the rear-ending at fault? His suit really seems quite silly.
Shado: drunkmeamgrimlock on September 2nd, 2005 11:41 pm (UTC)
It depends onthe state.
And there's a difference between 'civil' and 'criminal' fault as well. If she's being sued, it's a civil complaint, and that works through an entirely different process.

Counter-sue. It's the least you can do!
Sarah: Horses perfect (_horse_icons)kachi113 on September 3rd, 2005 12:47 am (UTC)
Oh, thanks. Good to know.
moi: malleaflette on September 3rd, 2005 12:54 am (UTC)
Awww, kel, that's TERRIBLE. Stupid.... bad word here. :/ I have no doubt it'll blow over, though... if you were stopped at a red light there's no way it could be your fault. <3
Fjordhopperfjordhopper on September 3rd, 2005 12:39 pm (UTC)
This is ridiculous! I can't believe this guy has the nerve to sue you...who HE hit/rearended and on THOSE grounds! People...or should I say, lawyers are absolutely insane, coming up with these ludicris lawsuits...

Actually if you get everything in place and even just threaten to countersue, the guy might back down...since it sounds to me that he is just trying to drum up insurance money.

Grrrrrr.....this whole thing just makes me really angry fro you.
Annephloxyloxy on September 3rd, 2005 03:36 pm (UTC)
If it makes you feel any better, some woman hit my cousin a while ago, also hitting something else that eventually blew up. About three years later, she sued my cousin (whose car was totalled, but not the case of the fire) for Traumatic Flame Syndrome, an apparently horrible experience which he was *totally* responsible for. Obviously.

People are stupid, and they're greedy. Hopefully the judge will see that this is the case with Mr. Accordian Car.
Goddessavhi on September 4th, 2005 02:01 am (UTC)
What they all said. And yeah, definitely countersue for the time that you are now wasting and ANY cost associated with the process.

fecktard. I swear...
Kerryscreamingdolai on September 5th, 2005 03:49 am (UTC)
There seems to be a flux of R-tards suing people for no fucking good reason. I have a feeling he's going down... get 'im, Kel!
Ilena Ayalanetsearcher on September 6th, 2005 01:42 am (UTC)
Breathe hon. You are fine. He is a jerk, hoping for an insurance company to toss him some cash so he'll go away. i hope they won't, but they sometimes do whatever's *cheapest*.

Or I may countersue.

Intentional infliction of of emotional distress sounds good to me.