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01-24-2012, 10:59 AM | #1 |
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Getting sued and need help
Last season I was at Brighton at the end of the day I was driving out of the parking lot and someone skiing through the lot ran into my car. The lot was snow packed, I was traveling less than10 mph this guy on his skis comes out behind a SUV just as I am passing it I see him try to hit the brakes and slid about 3 ft, he ran into the passenger door, I did not hit him, he skied into the side of my car. I get out of my car to assess the incident, this guy was on the ground with his ski tips under my car, I help him get back on his feet. He starts going off on me, like I shouldn't have been driving in the parking lot. We talk it over come to the conclusion that everything is good and we go our separate ways, no information was exchanged there was no damage to my car and he seemed to be fine I asked him if he was ok. I didn't get his name but, he must have got my licence plate number because I received a letter yesterday about this guy taking me to court.
Basically I need some help, I need a lawyer and I want to hire a PI to investigate this litigious dirt bag. Has anyone been sued or taken to court by a sue happy person?
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01-24-2012, 11:15 AM | #2 |
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Wow, what a douche bagg... Hope u get this taken care of man! Sorry I couldn't be of some help.
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01-24-2012, 11:24 AM | #3 |
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What is he sueing you for? If there was an issue he should have contacted your insurance company, but he didn't. I would get a hold of your insurance comaony first. Then i would get a lawyer. This whole thing is stupid, but you have a better chance of winning with one.
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01-24-2012, 11:45 AM | #4 |
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Sue happy people should always be counter sued and get jail time for their frivolous claims. We had a sue happy person, but once we found out they were illegal and involved in other false law suits in other states, they quickly disappeared. Literally. (and no I didn't wack them)
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01-24-2012, 11:53 AM | #5 |
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My insurance company was never contacted about this, he is suing me for sustained injuries and medical expenses. I had a friend in the car with me so at least I have a witness.
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01-24-2012, 12:08 PM | #6 |
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Contact Brighton about their parking lot rules (also, maybe they have a video).
Other than that, it's the word of your friend and you against him. Or just deny the whole thing because there's no proof you were involved. |
01-24-2012, 12:27 PM | #7 |
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1- Try to see if you can get Video if you remember the date. You will need to speak with security. Most likely they wouldn't give it to you i bet, if you know a cop around here and ask him to go get it for you, they will give it to him.
2- I wouldn't deny the whole thing at all. It would just make it seem like you are hiding something since the *** will know your face and got your License plate. You probably would still be fine but it's just safer not to deny it. 3- What i would do is try to find a good Lawyer, And just be straight up at the court. Reading what you wrote you did nothing bad. You got out of your vehicle and helped him get to his feet and he was the one being dumb & skiing in a parking lot. You should of been the one freaking out for hitting your car once you know he was ok. It would of been bad if you just drove off. There is nothing you did wrong so just tell the court you were leaving Brighton Parking lot approximately 10MPH keeping your eyes towards where you were headed, then some guy out of no where hits your car and you got out to help him. If the guy wanted to sued you for some dumb reason he should have called the cops and made a report. Been too long for the guy to do something about this. I'm sure you will be fine bro, Good luck!! |
01-24-2012, 12:31 PM | #8 |
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01-24-2012, 12:38 PM | #9 |
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And this is why I have a lawyer on retainer, people sue happy over stupid stuff. Your best bet will be to try and defend yourself first with your friend as a witness, sometimes this actually goes over better with judges as you'll have less to "hide" behind. If that doesn't win it for ya, appeal it with a lawyer and go from there.
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01-24-2012, 12:40 PM | #10 |
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The ironic thing is on that day my friend and I were talking about how stupid people are to ski between cars, they could get hit and I take pride in tuning my equipment and I'm not going to ruin my base in the parking lot. Minutes later I get hit by a douche skiing in the parking lot.
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01-24-2012, 12:42 PM | #11 |
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I did not catch the part your friend was with you. That will help you out. If not just do like 907Bum said above.
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01-24-2012, 12:52 PM | #12 |
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I have to appear in court on Feb 7th on this.
I just got off the phone with a PI, going to have a meeting with him at 3PM. Do you think its worth digging up dirt on this guy or a waste of money? |
01-24-2012, 12:59 PM | #13 |
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I doubt his case will hold in court. Do a countersuit for lawyer fees and he will end up paying both lawyers and losing money on it. Security tapes usually aren't given unless there was a Police report filed, but a court could try to subpoena the tapes, but if it happened last year the footage is most likely gone as they rotate out old footage every month or so usually. They could also request all written evidence about the ordeal so I wouldn't be writing too much about it. My attorney friend always calls me on the phone about legal issues because he said anything in writing could be used in court. You could also try to get your insurance company involved depending how they take claims. I've seen that happen and the insurance company paid for the Attorney to represent. Also I think you can request a jury, that might be better than a judge.
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01-24-2012, 01:06 PM | #14 |
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I really don't think it's worth your money. He has nothing on you. You didn't know he was going to hit you on the side of your car. You were just leaving the parking lot.
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01-24-2012, 01:10 PM | #15 | |
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Quote:
Unless he has evidence of said event I don't understand how he can win or even take you to court, especially since you have your friend as a witness. Even if he did have evidence it would go in your favor I would imagine. |
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01-24-2012, 01:35 PM | #16 |
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I think its a little strange that it happened about a year ago. I assume he has fabricated something in his favor, I can't imagine what. I'm not taking this lightly, I'm taking every measure necessary to win or at least make him pay for my expenses.
I could counter sue, claiming I threw my back out helping him get up and he should pay for my medical expenses. Witch I saw a Chiropractor back in Feb 2011 for back pain. Last edited by Whattheo; 01-24-2012 at 01:45 PM. |
01-24-2012, 02:14 PM | #17 |
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He probably saw your too many options thread and was like "****! this guy has cash to burn, I'm a sue his ass!" jk jk, but really tho that is messed up.
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01-24-2012, 02:20 PM | #18 |
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A similar incident happened to me when I was younger I bicyclist ran into the side of me. We went to court and because I had proof that he hit me everything was dropped.
Hopefully you have some type of proof that he hit you and can explain how/where it happened well and it will get thrown out... |
01-24-2012, 02:25 PM | #19 |
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Thats what I'm worried about. If some how this guy has something up his sleeve that can give him the advantage and I end up paying out the nose, I won't have the funds for my project. Looks like I should put my car plans on the back burner for the time being.
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01-24-2012, 02:59 PM | #20 |
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Lol, good for you. You should be paid to hit people that are dumb enough to ski through the parking lot like there is no cars in it.
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01-24-2012, 03:13 PM | #21 |
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01-24-2012, 04:04 PM | #22 |
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Get on Nasioc at court ha
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01-24-2012, 04:15 PM | #23 |
Papi Chulo
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Pony up lawyer. End story
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01-24-2012, 04:30 PM | #24 |
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The whole thing is ridiculous! If he had a leg to stand on, he would have asked for your information when the whole thing happened. He has no proof that you hit him. Fortunately for you, he has the burden of proof. He has to prove that you were at fault and I think he's going to have an extremely hard time doin that.
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01-24-2012, 05:07 PM | #25 |
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Anyone can "sue" anyone. Whether litigation takes place is a whole other story. Right now the guy has a lawyer and is probably trying to scare you into some form of settlement. The litigation process is very long and expensive. It is not in this guys best financial interest to take you to court.
Get a lawyer, and see what he/she says. The fact that he hit the side of your car is proof enough that you did not hit him. |
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