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Lawsuit 2 years after

Old 08-Oct-2009, 11:12 PM
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Lawsuit 2 years after

Hi all

I had an accident 2 years ago. The cop showed up and I was charged with failing to yield the right of way. I paid my fine (100$ I think) and that was it.

2 years later I get a lawsuit to pay 1 million in damages from the plaintiff. The lawsuit stats a bunch of generic causes too. for instance:
"Defendent was a first time driver" not true
"defendent was not in a mental or physical stat to drive" not true. even the cop didn't charge me with something like that.
"defendent was on the phone" I didn't have a phone with me that instance.
and more ridiculous stuff like the above

Plaintiff claims that she had physical and disfigurement and such but I saw her come out of the car and walking. They posted a surgery that happened last month to backup their case.

Since this was my first and only accident, I am not sure what to think of this. So I am here to ask your opinions.

and before you ask me to call a lawyer, I am planning to call him tomorrow.
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Old 08-Oct-2009, 11:21 PM
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nothing anybody here can tell you other than contact your lawyer especially since your insurance should cover $1million in damages
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Old 08-Oct-2009, 11:53 PM
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Your liability insurance "should" cover something like that. Send anything and everything you have regarding the ticket, the court proceedings and the lawsuit to your insurance company. That is what you pay them for.
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Old 08-Oct-2009, 11:55 PM
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i think she's looking for a paycheque
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Old 09-Oct-2009, 12:18 AM
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I think you can only sue if the injuries are medically proven to be permenant and serious and that you have sustained a loss of income. There is also a 30k deductable.

Some info...
Car Accident Lawyer in Toronto, Motor Vehicle Accident Law in Ontario
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Old 09-Oct-2009, 12:37 AM
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Originally Posted by Cynikal.Mindset View Post
nothing anybody here can tell you other than contact your lawyer especially since your insurance should cover $1million in damages
These days, many brokers are recommending at least $1 million libility coverage, and preferably $2 million liability. It's peanuts for the extra coverage, and you never know when it might come in handy.

Unfortunately, the minimum liability coverage required in Ontario is actually only $200,000, and many drivers are running around with only that minimal coverage.

The question then becomes, how much liability coverage does the OP actually have? Any damage award over that amount will come out of his pocket.
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Old 09-Oct-2009, 12:38 AM
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Originally Posted by DumbasSi View Post
I think you can only sue if the injuries are medically proven to be permenant and serious and that you have sustained a loss of income. There is also a 30k deductable.

Some info...
Car Accident Lawyer in Toronto, Motor Vehicle Accident Law in Ontario
Thanks for the link
I too think that the plaintiff wants a paycheque from the insurance company who are sued too, I just find it unbelievable the stuff that they used as reasons for the lawsuit. I am not a lawyer or anything but most of the reasons they posted can't even be proven or can be proven wrong.

from the link: "The party who is not responsible for the car accident has two years from the date of the accident, within which to commence a lawsuit. A lawsuit is commenced when a statement of claim has been issued. "
I also see that the lawsuit was filed after 2 years from the accident (by 2 months). I don't know the significance of this yet but I'll make sure I ask my lawyer.
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Old 09-Oct-2009, 12:44 AM
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Originally Posted by DumbasSi View Post
I think you can only sue if the injuries are medically proven to be permenant and serious and that you have sustained a loss of income. There is also a 30k deductable.
Certain disfigurements are considered to be serious and permanent injuries, plus there's always that pain and suffering award that can accompany awards for serious and permanent injuries. If she's going to require long term medical care and therapy, caretaker assistance, and income support, that would also be considered in any award.

The $30,000 deductible is meant to discourage frivolous suits, but she's suing for a full $1 million. That deductible is waived if her total award exceeds $100,000.
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Old 09-Oct-2009, 06:27 AM
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That million in BS. It's just so they can protect themselves. I've been through the same thing. Six years later and it's almost over with.
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Old 09-Oct-2009, 09:38 AM
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Is she brown? lol
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Old 09-Oct-2009, 09:53 AM
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The plaintiff knows that she lives in Canada right??
Lawsuits like this only work in the US. She won't get a million.

I'm guessing she will get $40K (after lawyer fees/deductible), and that's if her case is even legit.
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Old 09-Oct-2009, 10:34 AM
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what type of accident was it? Like if you totalled her car i could see that but if it was a fender bender she might as well lick a *******.
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Old 09-Oct-2009, 12:37 PM
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Originally Posted by Zig View Post
from the link: "The party who is not responsible for the car accident has two years from the date of the accident, within which to commence a lawsuit. A lawsuit is commenced when a statement of claim has been issued. "
I also see that the lawsuit was filed after 2 years from the accident (by 2 months). I don't know the significance of this yet but I'll make sure I ask my lawyer.

You have to read that carefully. While two years is the ordinary time limit, that does not necessarily mean two years from date of collision.

It's covered in law under the Limitations Act of Ontario. The Act does give a fair bit of wiggle room as to when the two year limitation period actually starts.

The two year limit can reasonably be seen as commencing only once the full extent of injuries and disability arising from the crash are known. If she spent a few months under medical care while they assessed injuries, and only then was the extent and permanence of the injuries known, then the two years would start from that date of actual realization.

Two or three months or even a year to assess extent of injury and permanence of same is quite reasonable. In that sense she is well within a reasonable time limit for commencing a lawsuit against you.


Basic limitation period
4. Unless this Act provides otherwise, a proceeding shall not be commenced in respect of a claim after the second anniversary of the day on which the claim was discovered. 2002, c. 24, Sched. B, s. 4.
Discovery
5. (1) A claim is discovered on the earlier of,
(a) the day on which the person with the claim first knew,
(i) that the injury, loss or damage had occurred,
(ii) that the injury, loss or damage was caused by or contributed to by an act or omission,
(iii) that the act or omission was that of the person against whom the claim is made, and
(iv) that, having regard to the nature of the injury, loss or damage, a proceeding would be an appropriate means to seek to remedy it; and
(b) the day on which a reasonable person with the abilities and in the circumstances of the person with the claim first ought to have known of the matters referred to in clause (a). 2002, c. 24, Sched. B, s. 5 (1).
Presumption
(2) A person with a claim shall be presumed to have known of the matters referred to in clause (1) (a) on the day the act or omission on which the claim is based took place, unless the contrary is proved. 2002, c. 24, Sched. B, s. 5 (2).

Last edited by FiveO; 09-Oct-2009 at 12:42 PM.
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Old 23-Oct-2009, 11:38 AM
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I hate stupidity like this (not the op). One person trying do pull a quick money grab effects so many people, and just screws other people over. Why are people so damn greedy?
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Old 23-Oct-2009, 12:00 PM
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i will say dont worry abt tht too much....pplz how claim at the neck of the time they just want money. i had accident 2 years ago and the lady was 71 at tht time, now she is 73 or more and she sued me at the neck of time and claim i million too.
as long as you have insurance at tht time, no worry, not only you your insurance company get a letter too from lawyer and they will deal with it, only effect you will get is your premium for insurance will go up as this will go in your file too
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Old 08-Apr-2010, 05:07 PM
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Originally Posted by starboy869 View Post
i think she's looking for a paycheque
+1 !!!
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Old 01-Jun-2010, 12:50 PM
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Hey I just came across your postand wanted to refer you to this lawyer who is absolutly amazing. The law firm is at Airport and Derry he helped me with a similar situation.
Check the site out
www.pinoslaw.ca

ask for Graham or Marko
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Old 01-Jun-2010, 01:10 PM
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Originally Posted by jdm99 View Post
Hey I just came across your postand wanted to refer you to this lawyer who is absolutly amazing. The law firm is at Airport and Derry he helped me with a similar situation.
Check the site out
www.pinoslaw.ca

ask for Graham or Marko
WHY ARE YOU LIVING IN THE PAST?!?!?!?

Stop bumping old threads lol. Although I would like to know what happened.
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Old 01-Jun-2010, 01:35 PM
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thanks for posting this... a buddy of mine is going thru a similar situation just not auto related, exwife related... i'm gonna send him this link
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