anybody here a lawyer that could give me advice?

[Cleaner13]

ok here is the background story


last august 2003

I was driving home after getting a new radiator put in

Im about a 5 miles from my house and suddenly there is a thunderstorm

Im coming on a curve(more like a hairpin) so I start slowing down, well it turns out the area is flooded with about 3 inches or more of water and I cant slow down when I hit the water

I go into the oncoming traffic lane and hit a van head on.

I got no ticket and the person I hit was a middle aged lady and she went to the hospital from getting so scared and crying, physically she was ok and was walking etc.

well it was deemed that it wasnt my fault due to the incliment weather

well now about 6 months to the dot later I receive a letter that shes suing me? for injury

suddenly after 6 months she realizes she was hurt? what BS

anyone know what I can do? or give me any advice?

 

[Chris Wh1]

People have 365 days to sue after an accident. Sence it there was no physical injury, you might get off scot free, but sence im only a student, i dont know for sure, ill will ask my law teacher on Tuesday. I will post a response then, but if you would happen to give more info, and I know an answer, i will see how I can help.

Chris

 

[SamsonTR]

You were driving too fast for conditions.

Good luck with this one.

 

[Cleaner13]

10mph isnt too fast

 

[CARTMAN]

You are at fault. period. If not but for your car hitting hers she would not be injured.

I understand that you did not intend to hit her and that is why it is called an "accident".

It's like if you rear end someone because it's icy and your car slides uncontrollably. Is that your fault? sure is. Even though there is nothing you could do about it you are responsible for controlling your vehicle even in the poorest conditions.

Yes the weather played a part and that is likely why you were not ticketed. The cops are not there to penalize you when you have an accident due to inclement weather. If the roads were not flooded on the other hand I'm pretty sure they would have ticketed you.

BTW who said it wasn't your fault? The police and don't make those decisions the courts do.

Also you might be able to sue the jurisdiction that is responsible for maintaining that road. If it floods there often and they haven't corrected the problem you will have a strong case.

Do you see what I am trying to say here? It was a pure accident with your car being the culprit. She can't sue God so that is what insurance is for.

 

[j-lantern]

Devil's advocate here. Don't take anything personally.

It is your fault, at least more so than hers, and she can't sue God for sending the rain. You were in her lane, and did not have control over your vehicle. You say 10 mph wasn't too fast. If I'm opposing counsel, I ask you if you think it was too fast. You say no. I ask you why you hit my client. You say that's because you lost control. Then I ask you if it was because you were going to fast. You can't win, regardless of your answer.

As for no injury, some injuries take time to manifest themselves. She could be having nightmares. She can't drive anymore. She's afraid of the rain, her neck hurt 3 days later, whatever.

Basically, she got a lawyer who told her that he'll do all the work, she gives up a couple of days to go to trial, if that, and she'll get 60 percent of the win (50 after expenses). She doesn't know you from Adam, and for free money, people are surprisingly unscrupulous.

That, however, is why you have insurance. Why I have it anyway.

 

[Little6pack]

In the ultimate end your insurance company laywer will fight not to pay her anything extra.
That is why she is coming after you personally? <is this what is taking place?

The drag out that will take place between your lawer & hers
can last up to two years. They may question witnesses, make her
see doctors, etc, etc. What ends up happening is it will never go to trial & some small settlement will take place. Maybe under 10k.

Dude if She is OLD Could be she dies while this suit is ongoing may make it worse for you. Family member can continue the law suit then claim she died as an inderict result of what happened.

Maybe best to settle fast offer $5k because when your done with a lawyer he is going to own your GN..

 

[Cleaner13]

thank you guys for all your advice

well 1 they wont own my GN cause Im getting rid of it

2 Im a college student, I cant just throw 5K out considering that I only have enough for my insurance as of now anyways

3 yes I think it is personal to be honest, why else wait so long
she probably got in a bind somewhere and didnt have any money so now she needs some and what can she do? sue me to try and get some

 

[Little6pack]

If you have no $$ at settlement time they can make you pay like $20 a month/week
for a period of 5 years. <<< This is an example only<<
Or
they can attach your wages once you start working.

Example:
My buddy here in NH got tagged by a non insured driver
(you don't need insurance in NH)

If you buy coverage your own insurance company will help
pay for damages, but they will cover least as possible.

So the only route you have is to sue the non insured driver.
That is what my buddy did.
However the guy was ordered to pay my buddy like $25 a month for 2 years.

 

[Cleaner13]

Originally posted by littlesixsteve
If you have no $$ at settlement time they can make you pay like $20 a month/week
for a period of 5 years. <<< This is an example only<<
Or
they can attach your wages once you start working.

hey thank you very much man, guess they will have to wait awhile if they do get anything cause Im going for a doctrine in Engineering

 

[Chris Wh1]

If anything, if you cant afford a lawyer or dont want to pay for one, just ask for a public defender when you go into court, he will be able to find a loop-hole or handle the situation better. Sad enough, I know this the hard way

Hope this helps,
Chris

 

[ThikStik]

Man, I feel for ya. I wish we could round her up in a burlap sack and "suggest" that she drop this BS. I tapped a car full of ghetto scum once and they were immediately on the fone. A year later a lawyer called me. It must have been my tone/choice words, but he never called back. It was my company minivan so I wasnt worried anyway.
If her injuries are vague, then an expert witness/s (DR) may have to testify for her. That is expensive for plaintiff.
Good Luck.

 

[UltraGN]

Sounds like you are going to to get pinned for this.....But....it sounds as if the acident was caused by the flooding of the roadway. Another party at fault here may be the owner of the road (state, county, village, etc). If this area is prone to flooding, the drainage system may be underdesigned,therefore making the roadway unsafe. Is the roadway curbed? I'm a highway engineer and know that drainage systems should be designed for large storm events to reduce the possibility of water ponding on the roadway (making them unsafe).