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Awesome ... my wife is being sued ... Any legal experts welcome ...

Home ▸ Archive ▸ Serious Business ▸ Awesome ... my wife is being sued ... Any legal experts welcome ...
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fan_from_texas

Senior Member

2,693 posts
Nov 7, 2012 5:57 PM
Was a claim filed initially? Was your insurance company aware of this? If not, let them know asap. They likely will be on the hook for/defending you if it was covered/appropriately reported. At any rate, your agent should be able to point you in the right direction.

If you need to find a lawyer, both Avvo and Martindale are decent services that can help out.

Make sure to keep a record of everything.
Nov 7, 2012 5:57pm
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fan_from_texas

Senior Member

2,693 posts
Nov 7, 2012 5:59 PM
Was a police report ever filed? Was this ever reported to either insurance company? Review your policy and see what you were required to report and when. Do you have an umbrella policy that could cover these types of situations?

If it moves forward, two possibilities: (1) they may be looking for a quick settlement. Or (2) they may actually think they'll win. If the former, talking to them early can be helpful. Just make sure you don't miss any deadlines--at this stage, you don't want a default judgment against you.
Nov 7, 2012 5:59pm
gorocks99's avatar

gorocks99

Senior Member

10,760 posts
Nov 7, 2012 6:01 PM
Also, shit on their lawn.
Nov 7, 2012 6:01pm
O-Trap's avatar

O-Trap

Chief Shenanigans Officer

14,994 posts
Nov 7, 2012 6:02 PM
gorocks99;1315455 wrote:That is correct, the statute of limitation is 2 years in Ohio for bodily injury civil cases (generally speaking):


http://codes.ohio.gov/orc/2305.10

My guess, however, is that "about two years ago" is actually less than two years ago, otherwise any competent lawyer wouldn't have brought the case this far.

Yeah, it might have been less.
Nov 7, 2012 6:02pm
RedRider1's avatar

RedRider1

Senior Member

3,850 posts
Nov 7, 2012 6:05 PM
TedSheckler;1315422 wrote:Was an insurance claim filed? Let your insurance company handle it. They will sick their lawyers on her.

Yep. Your auto insurance should have some sort of liability coverage that will defend on your behalf up to the limits of the policy. Start there before you hire a lawyer.

Unless its some cut rate policy.
Nov 7, 2012 6:05pm
O-Trap's avatar

O-Trap

Chief Shenanigans Officer

14,994 posts
Nov 7, 2012 6:20 PM
fan_from_texas;1315459 wrote:Was a claim filed initially?
Yes, with the insurance of the owner of the vehicle.
fan_from_texas;1315459 wrote:Was your insurance company aware of this? If not, let them know asap.
I don't know if ours was ever made aware, but I can ask, and if not, we can let them know.
fan_from_texas;1315459 wrote:If you need to find a lawyer, both Avvo and Martindale are decent services that can help out.
Reps forthcoming.
fan_from_texas;1315460 wrote:Was a police report ever filed?
An officer was present, so I assume so.
fan_from_texas;1315460 wrote:Was this ever reported to either insurance company?
The accident or a possible injury?
fan_from_texas;1315460 wrote:Review your policy and see what you were required to report and when. Do you have an umbrella policy that could cover these types of situations?
I'll have to check.
fan_from_texas;1315460 wrote:If it moves forward, two possibilities: (1) they may be looking for a quick settlement.
Which I also cannot afford.
fan_from_texas;1315460 wrote:Or (2) they may actually think they'll win. If the former, talking to them early can be helpful. Just make sure you don't miss any deadlines--at this stage, you don't want a default judgment against you.
Default judgment?

They live right around the corner (even though the accident happened about 15 miles away, as I recall), so talking to them should not be an issue.

I haven't seen the summons, so I don't even know about any deadlines. Thanks for the tips, though.
Nov 7, 2012 6:20pm
Ironman92's avatar

Ironman92

Administrator

49,363 posts
Nov 7, 2012 7:16 PM
Commander of Awesome;1315414 wrote:PIIHB

Lol....caught me off guard
Nov 7, 2012 7:16pm
O-Trap's avatar

O-Trap

Chief Shenanigans Officer

14,994 posts
Nov 7, 2012 7:24 PM
From the looks of it, the summons was filed just prior to the deadline, but we received it after the deadline. Which applies?
Nov 7, 2012 7:24pm
F

fan_from_texas

Senior Member

2,693 posts
Nov 7, 2012 7:36 PM
O-Trap;1315503 wrote:From the looks of it, the summons was filed just prior to the deadline, but we received it after the deadline. Which applies?

I am not an OH lawyer or a personal injury lawyer, but likely the date it was mailed, not received. This is the rule in every jurisdiction I'm aware of.
Nov 7, 2012 7:36pm
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fan_from_texas

Senior Member

2,693 posts
Nov 7, 2012 7:39 PM
A default judgment means if you don't show, you lose, regardless of the merits. If you reach out to insurance and nothing happens, you want to make sure you or someone else is in court so you don't automatically lose.

I'd recommend calling your insurance co. Because this went through insurance I suspect her lawsuit is covered under one policy or another. Your insurance people may have a right or obligation to fight it on your behalf. Or you may be on your own. Either way, that's where I would start.
Nov 7, 2012 7:39pm
sleeper's avatar

sleeper

Legend

27,879 posts
Nov 7, 2012 7:43 PM
O-trap, there's gotta be some good lawyers out there willing to work for "cheap" on these issues. Do some shopping; that's my only advice.
Nov 7, 2012 7:43pm
O-Trap's avatar

O-Trap

Chief Shenanigans Officer

14,994 posts
Nov 7, 2012 7:50 PM
fan_from_texas;1315512 wrote:I'd recommend calling your insurance co. Because this went through insurance I suspect her lawsuit is covered under one policy or another. Your insurance people may have a right or obligation to fight it on your behalf. Or you may be on your own. Either way, that's where I would start.

So even if it was the insurance for the owner of the vehicle, and not ours? If so, I'll definitely give it a try.
sleeper;1315517 wrote:O-trap, there's gotta be some good lawyers out there willing to work for "cheap" on these issues. Do some shopping; that's my only advice.
Hey, it's something. I'll have to look.
Nov 7, 2012 7:50pm
sleeper's avatar

sleeper

Legend

27,879 posts
Nov 7, 2012 7:53 PM
Also if you are black, play the race card whenever possible. Play it early and often.
Nov 7, 2012 7:53pm
O-Trap's avatar

O-Trap

Chief Shenanigans Officer

14,994 posts
Nov 7, 2012 7:54 PM
sleeper;1315523 wrote:Also if you are black, play the race card whenever possible. Play it early and often.
White, college-educated male.
Nov 7, 2012 7:54pm
sleeper's avatar

sleeper

Legend

27,879 posts
Nov 7, 2012 7:57 PM
O-Trap;1315525 wrote:White, college-educated male.
Hmm. You're fucked.
Nov 7, 2012 7:57pm
Quint's avatar

Quint

Captain

737 posts
Nov 7, 2012 8:01 PM
I'd definitely check with your insurance company. They should be responsible for any costs to defend. As far as deadlines, make sure an answer is filed within 28 days of receiving the summons. Otherwise, the other party can move for a default judgment. Definitely do not wait around. Act fast and figure out whether your insurance will handle the defense. If not. . . you need to find an attorney.
Nov 7, 2012 8:01pm
-Society-'s avatar

-Society-

Senior Member

1,348 posts
Nov 7, 2012 8:14 PM
O-Trap;1315525 wrote:White, college-educated male.
And yet you are still poor. You are doing it wrong.
Nov 7, 2012 8:14pm
Commander of Awesome's avatar

Commander of Awesome

Senior Pwner

23,151 posts
Nov 7, 2012 8:31 PM
where's ishlep? He be a lawrer aint he?
Nov 7, 2012 8:31pm
Trueblue23's avatar

Trueblue23

BASEDgod

7,463 posts
Nov 7, 2012 8:33 PM
sleeper;1315526 wrote:Hmm. You're ****ed.
LOL reps
Nov 7, 2012 8:33pm
S

Sonofanump

Nov 7, 2012 10:20 PM
You don&#8217;t need an attorney. Contact your own auto insurance carrier. They should provide a defense for you if you have BI on vehicle that you own. The primary defense should be handled by the carrier of the owner of the auto (State of Ohio law) (also depends on that other insurance language in your friends policy). They will also provide a defense and may even take your insurance carrier defense off of the case.</SPAN>

They (you or the owner of the vehicle&#8217;s attorneys) will file for summary judgment if no treatment exist related to the accident. I doubt this will see a trial based upon the information that you provided. </SPAN>
Nov 7, 2012 10:20pm
S

Sonofanump

Nov 7, 2012 10:34 PM
Also, it should say on the summons that you have 28 days from service to answer the complaint.

In Ohio $25,000 is the least you can sue for and have extra rights as a plaintiff, i.e. jury trial.
Nov 7, 2012 10:34pm
j_crazy's avatar

j_crazy

7 gram rocks. how i roll.

8,372 posts
Nov 7, 2012 11:23 PM
-Society-;1315538 wrote:And yet you are still poor. You are doing it wrong.

Win
Nov 7, 2012 11:23pm
G

gut

Senior Member

15,058 posts
Nov 7, 2012 11:27 PM
As mentioned, call your insurance and then don't worry about it. You may lose the deductible, which sucks, but two years after the fact she will need a pretty documented trail of medical bills.

If they've have some bad medical problems as a result, possibly a surgery, $25k doesn't sound unreasonable.
Nov 7, 2012 11:27pm
password's avatar

password

Senior Member

2,360 posts
Nov 7, 2012 11:32 PM
Find out if the woman is having an affair with anyone and blackmail her. If she is not having an affair, you can send me a picture of her and I will photoshop the picture to show her in a gangbang with 5 black guys and you can post it on your local craigslist website.
Nov 7, 2012 11:32pm
O-Trap's avatar

O-Trap

Chief Shenanigans Officer

14,994 posts
Nov 8, 2012 12:57 AM
-Society-;1315538 wrote:And yet you are still poor. You are doing it wrong.

It's true. I should be applying for government assistance, shouldn't I?
Sonofanump;1315624 wrote:You don&#8217;t need an attorney. Contact your own auto insurance carrier. They should provide a defense for you if you have BI on vehicle that you own. The primary defense should be handled by the carrier of the owner of the auto (State of Ohio law) (also depends on that other insurance language in your friends policy). They will also provide a defense and may even take your insurance carrier defense off of the case.

They (you or the owner of the vehicle&#8217;s attorneys) will file for summary judgment if no treatment exist related to the accident. I doubt this will see a trial based upon the information that you provided.

Thanks for the input. I'll definitely get a hold of our insurance provider tomorrow.
gut;1315656 wrote:As mentioned, call your insurance and then don't worry about it. You may lose the deductible, which sucks, but two years after the fact she will need a pretty documented trail of medical bills.

If they've have some bad medical problems as a result, possibly a surgery, $25k doesn't sound unreasonable.

They had zero issue. It was, quite literally, a tap that didn't leave so much as a paint mark on either car.
password;1315657 wrote:Find out if the woman is having an affair with anyone and blackmail her. If she is not having an affair, you can send me a picture of her and I will photoshop the picture to show her in a gangbang with 5 black guys and you can post it on your local craigslist website.
Much as I appreciate it, I'd rather not create blackmail material on myself (by extorting, ironically enough) dealing with this.
Nov 8, 2012 12:57am