HYPOTHETICAL Insurance/Legal Question

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GeddyWrox
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HYPOTHETICAL Insurance/Legal Question

Post by GeddyWrox »

OK, so if a person - call them WeddyGrox - was hypothetically in an accident about a year ago where they hypothetically rear-ended someone, and that other someone - call them RhymesWithPitch - is now suing, what should WeddyGrox do?

WeddyGrox has full insurance with a reputable insurance company with up to 1 million in comprehensive bodily harm coverage, but WeddyGrox hypothetically received a summons today and now is worried.

Should WeddyGrox get their own lawyer, hypothetically? Or should Weddy let their insurance policy handle all the legal stuff and trust that it won't go to court and cost them millions of dollars they don't have?

(Also, hypothetically, there was minimal damage to RhymesWithPitch's car. She drove it to work as soon as the police report was done. And neither car's airbags went off. Her law firm is a notorious ambulance chasing firm in STL and they are obviously trying to scare Weddy and his insurance firm into a big settlement. Hypothetically, of course.)

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Re: HYPOTHETICAL Insurance/Legal Question

Post by Arthur Dent »

I don't know in general, but my wife was sued over a minor traffic incident a number of years ago. Went so far as depositions with the lawyer provided by the insurance company. Plaintiff ended up dropping the suit and accepting a deal worse than what he was initially offered.

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33anda3rd
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Re: HYPOTHETICAL Insurance/Legal Question

Post by 33anda3rd »

Same happened more or less to TheMissus54 about four years ago. Lady ran into an intersection in front of her, wife clipped her, she sued for the world. Our insurance co took the lead, ended up paying out like $20K and our insurance went up like $100 every 6 mo.

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Re: HYPOTHETICAL Insurance/Legal Question

Post by lukethedrifter »

I was on a jury panel years ago that found in favor of the plaintiff & awarded her less than insurance co’s initial offer.

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stlouie_lipp
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Re: HYPOTHETICAL Insurance/Legal Question

Post by stlouie_lipp »

Tender it to your insurance company ASAP. Hypothetically.

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Re: HYPOTHETICAL Insurance/Legal Question

Post by Joe Shlabotnik »

Our son was involved in an accident like this. Creeping onto a freeway entrance in DC when the lady ahead slammed on her breaks and he bumped her. He took pictures of the 'damage', she eventually sued saying she needed physical therapy for her neck. Our insurance company settled. Even after two phone calls from us saying it was BS.

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Re: HYPOTHETICAL Insurance/Legal Question

Post by heyzeus »

Your insurance company will handle it (I mean, WeddyGrox's will), since this is essentially a suit against your insurer (even though WeddyRox will be named as the defendant). I really don't think you need to hire your own lawyer; most people in this scenario don't. For the plaintiff's lawyer, this is their business model: They file several of these suits a day, and they will do the minimal amount of work necessary on it to get some settlement money from your insurer. You won't pay it. Very few of these cases go to trial -- generally, only when something is messed up or convoluted.

You likely will get deposed, though. You'll sit in a conference room in some lawyer's office with a court reporter furiously typing and possibly a videographer, and both the plaintiff's lawyer and your own lawyer will ask you questions. The Plaintiff won't be there. No judge. You'll be under oath - it's essentially the same as testifying in court. The important thing is to be calm, and only answer the question that's asked. Don't elaborate, don't provide more information than exactly what was asked. It's always ok to say "I don't know," in fact, that is a good answer. Never speculate, or say something you're unsure of. Your lawyer will also get to ask you questions to clean up anything that is important or was ambiguous.

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GeddyWrox
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Re: HYPOTHETICAL Insurance/Legal Question

Post by GeddyWrox »

Thanks Zeus! And everyone. I am less panicked now. Hypothetically.

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stlouie_lipp
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Re: HYPOTHETICAL Insurance/Legal Question

Post by stlouie_lipp »

heyzeus wrote:Your insurance company will handle it (I mean, WeddyGrox's will), since this is essentially a suit against your insurer (even though WeddyRox will be named as the defendant). I really don't think you need to hire your own lawyer; most people in this scenario don't. For the plaintiff's lawyer, this is their business model: They file several of these suits a day, and they will do the minimal amount of work necessary on it to get some settlement money from your insurer. You won't pay it. Very few of these cases go to trial -- generally, only when something is messed up or convoluted.

You likely will get deposed, though. You'll sit in a conference room in some lawyer's office with a court reporter furiously typing and possibly a videographer, and both the plaintiff's lawyer and your own lawyer will ask you questions. The Plaintiff won't be there. No judge. You'll be under oath - it's essentially the same as testifying in court. The important thing is to be calm, and only answer the question that's asked. Don't elaborate, don't provide more information than exactly what was asked. It's always ok to say "I don't know," in fact, that is a good answer. Never speculate, or say something you're unsure of. Your lawyer will also get to ask you questions to clean up anything that is important or was ambiguous.
And don't say "it was all my fault".

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GeddyWrox
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Re: HYPOTHETICAL Insurance/Legal Question

Post by GeddyWrox »

Yeah. I do know that. But I don't think that's even in question. I (HYPOTHETICALLY) glanced away to ensure a cyclist had enough room on the shoulder, traffic stopped abruptly, I looked back, it was too late. I slammed on my brakes but still hit her. Traffic stopped so fast she had stopped just short of hitting the car in front of her, and then I nudged her into that guy. The cop that came cited me on a ticket for following too closely (although I honestly wasn't -- it was just the wrong time to glance away). It's pretty cut and dry from that perspective.

But yeah, I would never say the words "it was my fault".

Hypothetically.

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