Need to vent

[hunter]

So just over two years ago I was in a car accident, nothing serious I ran into the back of a woman's car, mine was written off and her's was good to go. I found out last month that she is suing me for damages, I figured sure why not, that is what people do these days, and that is why I have 2 million liability in case this happens. I was given papers last night stating in very straight forward legalese that I was drunk and/or high when the accident happened. I am completely shocked. I'm actually still in shock and had to leave work after it sunk in because I can barely grasp the idea that someone would lie. There was no police at the scene and I had a drug test that same month for a job I started which will prove I was clean. What bothers me the most is that someone would go on the record and say that I am a reckless driver that would purposely harm others by taking drugs and alcohol then operating a machine. I contacted my lawyer and am currently waiting to see what he says about all this.
Cheers

 

[gray4lines]

Do not take those legal complaints to heart... they often include what sounds like (and it's supposed to sound that way) the most outrageous and horrible of crimes. However, the fact that they included such an easily disproven complaint may help the case get thrown out.
My guess: scumbag plaintiff at tourney throwing darts to see what sticks. For all he knows, you did have a drink or 2.
Sorry this happened to you, believe me, I know exactly how it feels. Hopefully you will not have to be too involved and your insurance will take care of it.

 

[gray4lines]

Ps- be careful what you post. You may have to give a deposition and explain anything said in painfully great detail.

 

[zonomo]

What I have learned is that often, lawyers will start with extreme and try to land on something just shy of the actual truth. Their attorney knows that there is literally no way to prove their case but by starting there, they work backwards. Sad state of affairs in the day in which we live.

 

[baronsamedi]

Like you posted, that's what insurance is for. Likely they will be suing you and your insurance company, hoping that the insurance company will settle. As someone else said, curtail the public posting, because their lawyers will eat that shit up. Get documentation of you good drug test and witnesses to support your side of the story and prepare to answer depositions and show your income information. If you do drink at bars or any public place stop until the lawsuit is over. I know a guy who went to court and they pulled up his facebook, youtube and a private investigator had filmed him drinking in a bar. It did not go well.

 

[smokedogrememberthatsht]

Ps- be careful what you post. You may have to give a deposition and explain anything said in painfully great detail.

Good advice, I assure the lawyers will look into your facebook page if they haven't already. Make sure you have all the security settings in place and remove anything that could be used to call your character into question.
Good luck...

 

[captainprophesy]

Man sorry that you have to go through stupid shit like this... as others have stated, their atty is just throwing darts to see what sticks and get "something" out of it.
Good luck to you and stay calm and collective throughout the process.

 

[mrenglish]

Heck, counter sure for defamation. Everyone is looking for an easy payout these days and abuse the legal system with these frivolous law suits. Good luck, keep your head down, and make it hard as possible for them.

 

[dlattim]

I wonder if you could counter-sue for slander or defamation of character. I'm no lawyer though, don't even play one on TV. Sorry this is happening to you.
Edit: Looks like Mrenglish beat me to the thought.

 

[hunter]

Thanks for the support guys, my Facebook is locked down tight, no police were involved, we just went to the insurance agency and reported directly to them. We'll see what happens when it happens.

 

[bubblehead33]

thats a bad deal man. everyone is way too eager to sue over every little thing these days. good luck.

 

[metarzan]

I am with the others on the counter-sue anti-def. Not many things worse than frivolous lawsuits.

 

[numbersix]

Man that sucks big time. Don't take it lightly. Get all the proof you can that it's a blatant lie. And counter-suing may be an option, but only a competent lawyer can win that one. Good luck hunter.

 

[hans]

Was there a police report? Using one's cell phone to call the police to the scene of an accident, no matter how minor, gets everything documented, cutting out much of the he-said, she-said.

Boy i wish this was true. I was ran over by someone driving a car when i was on a bike. The man threatened me and hit me on purpose, then got back in his car and ran over my bike again for good measure. There were many witnesses. Long story short, the guy that hit me was a former cop. The police treated me like a criminal when they arrived on the scene and "lost" all of the witness reports and only kept his side of the story. In fact they lied on the record for him.

In his deposition he claimed so many heinous and disgusting lies that just remembering them sends me reeling. Try not to let it get you too down as this may drag on for years.
My case took three years. Eventually I "won" but had to fight so hard just to clear my own name, when I was the victim and get a tiny tiny bit of money to help pay damages.

 

[sal57]

I'm sorry to say but with 2 million your just asking them to lie,wish you the best of luck.

 

[smeigs]

I am sure you will be good to go man. Sounds like this person is throwing up a "hail mary". There is no way in hell that this person could prove you were drunk and or high at the time (and im sure you were not!) and I am sure that the people handling this case will see right through this low life. Good luck man and keep us posted!

 

[numbersix]

In his deposition he claimed so many heinous and disgusting lies that just remembering them sends me reeling. Try not to let it get you too down as this may drag on for years.

Hans - man, that would kill me. I've been cheated before (nothing like your experience), but I steamed over it for years. Your experience would take me a lifetime to get over!
Major kudos to you for winning that battle.

 

[guitarguy86]

I've been in a couple car accidents. Dealing with an incident like this for an extended period of time can be frustrating. I would try and do what others here have recommended, and maybe counter-sue. I wish you the best of luck.

 

[terry]

Always get a police report!

 

[taerin]

Can't always get a police report, the police do not have to send a vehicle over to an acident where no one was hurt, a lot of the time they will not spare the resources even if you beg. That bike story was just crazy, now I will write down the numbers and names of witnesses just in case myself if something like that happends.