Being sued for *causing* an accident!
09-Apr-2003, 02:56 PM
#1
Registered User
Thread Starter
Join Date: Jan 2003
Posts: 20
Being sued for *causing* an accident!
Someone is suing me for pain and suffering claiming that I caused an accident! There is no police report, but one is required when there are injuries for the municipality that it apparently happened in (York Region).
They have my plate number, car and a description (they vagley told the lawyer, but will get full in disclosure). This anyone can get when driving, and glancing at fellow motorists. Is this enough? What else do they need, besides possibly a witness?
Like I said, they claimed that I caused the accident, and as the one who the car is registered to, are suing me. I was not involved in the collision, but apparently caused it. (Sorry for being repetitive.)
Obviously I am speaking to a lawyer (actually, its the insurance company's lawyer
). I am looking to see if anyone has had anything remotley similar happen to them, or if anyone has sued anyone for automobile related tort. (Ie. road rage, being cut off, etc.)
Could this just be an act to get money out of my insurance? They tried numerous times to get an out-of-court settlement by sending letters prepared by a downtown lawyer, but since they only have the three things I mentioned earlier (plate, car, brief description), I didn't and still am not taking it too seriously (let the lawyer handle it!)
Also, I am looking to counter-sue for libel damages. Any off-the-record advice?
They have my plate number, car and a description (they vagley told the lawyer, but will get full in disclosure). This anyone can get when driving, and glancing at fellow motorists. Is this enough? What else do they need, besides possibly a witness?
Like I said, they claimed that I caused the accident, and as the one who the car is registered to, are suing me. I was not involved in the collision, but apparently caused it. (Sorry for being repetitive.)
Obviously I am speaking to a lawyer (actually, its the insurance company's lawyer
). I am looking to see if anyone has had anything remotley similar happen to them, or if anyone has sued anyone for automobile related tort. (Ie. road rage, being cut off, etc.)Could this just be an act to get money out of my insurance? They tried numerous times to get an out-of-court settlement by sending letters prepared by a downtown lawyer, but since they only have the three things I mentioned earlier (plate, car, brief description), I didn't and still am not taking it too seriously (let the lawyer handle it!)
Also, I am looking to counter-sue for libel damages. Any off-the-record advice?
09-Apr-2003, 03:09 PM
#2
Registered User
Join Date: Jan 2003
Location: on a race track
Posts: 17,846
yeah counter sue for libel and lawyer fees and stuff got any idea how this happened...
the only time I was "at fault" was when I collided with the back of the guys car I don't think under Ontario no fault laws you can be held accountable unless you were like jay walking and the dude swerved to avoid you and hit a pole...but then he wouldn't have plate numbers try to find out the time of the event and if you have an alibi (like my car was at the shop getting an oil change or I was spanking the monkey or the car was spanking the monkey and wasn't on the road) did you even see the accident?
the only time I was "at fault" was when I collided with the back of the guys car I don't think under Ontario no fault laws you can be held accountable unless you were like jay walking and the dude swerved to avoid you and hit a pole...but then he wouldn't have plate numbers try to find out the time of the event and if you have an alibi (like my car was at the shop getting an oil change or I was spanking the monkey or the car was spanking the monkey and wasn't on the road) did you even see the accident?
09-Apr-2003, 03:10 PM
#3
Registered User
Join Date: Apr 2002
Location: 43° 41' N 79° 38' W
Posts: 9,277
Was there ever any criminal or HTA charges against you from the police?
Use the notices/letters to wipe your ***.
I wouldn't worry about it.
Seems like they are trying to scam you and the insurance company.
Just imagine if you could just blame an uninvolved third party for any and every accident.
If the cops had no grounds to lay criminal charges against you the plantiff is going to have a hard time proving your guilt in civil court.
The fact that there was no report just makes it harder for them.
They are trying to get you to settle out of court because they know they don't have a leg to stand on in court.
Don't bother counter suing..
Sound like these people are morons..
Use the notices/letters to wipe your ***.
I wouldn't worry about it.
Seems like they are trying to scam you and the insurance company.
Just imagine if you could just blame an uninvolved third party for any and every accident.
If the cops had no grounds to lay criminal charges against you the plantiff is going to have a hard time proving your guilt in civil court.
The fact that there was no report just makes it harder for them.
They are trying to get you to settle out of court because they know they don't have a leg to stand on in court.
Don't bother counter suing..
Sound like these people are morons..
09-Apr-2003, 04:33 PM
#4
Registered User
Join Date: Jan 2003
Location: North York
Posts: 516
Originally posted by 94EG6HB
Was there ever any criminal or HTA charges against you from the police?
Use the notices/letters to wipe your ***.
I wouldn't worry about it.
Seems like they are trying to scam you and the insurance company.
Just imagine if you could just blame an uninvolved third party for any and every accident.
If the cops had no grounds to lay criminal charges against you the plantiff is going to have a hard time proving your guilt in civil court.
The fact that there was no report just makes it harder for them.
They are trying to get you to settle out of court because they know they don't have a leg to stand on in court.
Don't bother counter suing..
Sound like these people are morons..
Was there ever any criminal or HTA charges against you from the police?
Use the notices/letters to wipe your ***.
I wouldn't worry about it.
Seems like they are trying to scam you and the insurance company.
Just imagine if you could just blame an uninvolved third party for any and every accident.
If the cops had no grounds to lay criminal charges against you the plantiff is going to have a hard time proving your guilt in civil court.
The fact that there was no report just makes it harder for them.
They are trying to get you to settle out of court because they know they don't have a leg to stand on in court.
Don't bother counter suing..
Sound like these people are morons..
09-Apr-2003, 04:39 PM
#5
Registered User
Join Date: May 2002
Posts: 1,419
well so long as he doesn't have to pay for it, but i mean if he does, than i will counter sue for damages. but that's only if insurance is going ot pay for the lawyer fees, but i'm sure ther'es a loophole somewhere here, i mean these insurance companies aren't just going to supply you free lawyer, or ur just not providing enough info to come to a conclusion, but i mean, by all means, don't even sweat it, if that's all they got.
15-Apr-2003, 01:08 AM
#7
Registered User
Join Date: Nov 2002
Posts: 9
It's a scam. Happened to my dad once.
This is the story (LONG)
My dad has a fairly routine work schedule and he drives to work and parks at exactly the same parking spot. He ALWAYS wear a checkered shirt and dress pants.
One day, he gets a call from the police saying that he hit another car while backing up on this date and this time.
A women says he backed into her and got his license plate, lets say (abc 123). Gave a FULL Description of my dad. he's 5'10 wearing a checked shirt and blue dress pants.
ANother witness says, ya. i saw her hit the car and the license plate was abc 123. The incident happened on april 10th at 2pm.
this gets even more exciting. The cop threatens my dad saying that he's going to get charged and get in deep sheit if he doesn't admit to his crimes. My dad said the cop was all pissed and spitting in his face. The women says she's going to sue my dad for all the damages she incurred.
My dad says, " are you sure it happened on APril 10th, 2pm."
The women and the witness says "yes, we're 100% sure because of this and that"..
My dad pulls out some papers and says " my licence plate is not ABC 123, it's XYZ 555".. He traded his old license plate for a new one on April 8th AND he has all the documents from the ministry of transportation to prove it..
That was really close. Very obvious they wanted to get some money.
File a counter claim for loss wages, cost of missing a class (if you're in University), gas etc etc. My prof said that you can file for all the cost incurred because of the incident.
This is the story (LONG)
My dad has a fairly routine work schedule and he drives to work and parks at exactly the same parking spot. He ALWAYS wear a checkered shirt and dress pants.
One day, he gets a call from the police saying that he hit another car while backing up on this date and this time.
A women says he backed into her and got his license plate, lets say (abc 123). Gave a FULL Description of my dad. he's 5'10 wearing a checked shirt and blue dress pants.
ANother witness says, ya. i saw her hit the car and the license plate was abc 123. The incident happened on april 10th at 2pm.
this gets even more exciting. The cop threatens my dad saying that he's going to get charged and get in deep sheit if he doesn't admit to his crimes. My dad said the cop was all pissed and spitting in his face. The women says she's going to sue my dad for all the damages she incurred.
My dad says, " are you sure it happened on APril 10th, 2pm."
The women and the witness says "yes, we're 100% sure because of this and that"..
My dad pulls out some papers and says " my licence plate is not ABC 123, it's XYZ 555".. He traded his old license plate for a new one on April 8th AND he has all the documents from the ministry of transportation to prove it..
That was really close. Very obvious they wanted to get some money.
File a counter claim for loss wages, cost of missing a class (if you're in University), gas etc etc. My prof said that you can file for all the cost incurred because of the incident.
Thread
Thread Starter
Forum
Replies
Last Post
