...for something I didn't do.

 

I got a summons the other day via certified mail. Read through the complaint, and it's a completely false allegation that I can only assume was written up against me because the plaintiff and/or her attorney were idiots and couldn't read the damn police report.

 

 

Basic overview:

 

Last June, I was sitting at the light at the end of the exit ramp from I-75 south to Kyles Lane, waiting to turn left. All of the sudden...bang. I was rear-ended. Turns out it was a three-vehicle accident. Driver 1, in a Subaru Outback wasn't paying attention and ran into driver 2 in her Mazda MX-5. Then driver 2 rolled up into the rear end of my old Tacoma, bending the bumper up under the tailgate - I was driver 3. Police were called, driver 1 admitted fault and it was noted in the police report.

 

Narrative from the police report reads as follows: "All three units stated they were on the exit ramp from Interstate 75 south to Kyles Lane in the left lane. Driver of unit one admitted fault stating that he was not paying attention and rear-ended unit two and pushed her into unit three. Units two and three both stated that they were at complete stops at the red light when hit. The driver of unit two stated that she had a headache and her left knee was sore but refused the squad stating that she may go to the doctor on her own." It then goes on to identify the drivers of each unit as I explained above.

 

So anyway, it's one year later, and I get this summons in the mail. It's a lawsuit filed by the driver of unit 2 against ME. Only me. It doesn't include the driver of unit 1, who hit her. Instead, it only names me...the person that SHE rear-ended. It says, clearly mistakenly, that I "struck the rear of the Plaintiff's vehicle causing the Plaintiff's vehicle to strike the rear of the vehicle in front of her for which the Defendant admitted fault". It's also alleging that the lady suffered "serious and permanent injuries, and incurred medical and lost wage expenses in excess of Fifteen Thousand Dollars ($15,000.00)".

 

Aaaaand...just to chap my rear-end a little bit more, this is actually the lady that I declined to make an insurance claim against, seeing as I had JUST received a buy-back offer from Toyota on my truck. I didn't bother to make her pay for the damage to my truck that was just going to be scrapped by Toyota a week later.

 

I'm mad. I'm mad at the defendant. I'm mad at the loser attorney she hired who actually wrote up and filed the complaint (and trust me...he's a loser). I'm mad that I have to deal with this load of bull because they're all a bunch of idiots. I'm just now working on sorting out this crap and I thought I'd vent my anger a little.

Definitely sucks. What a bunch of idiots.

Where's Eric Deters when you need him?

Where's Eric Deters when you need him?

 

He's probably suspended right now.

Since the lawyer seems to be incompetent, I believe I would let this play out. Let the lawyer waste his time, let it go to court, and then embarrass the lawyer in court by letting him know in front of the judge and jury that you are in fact Driver #3.

Haven't you contacted the Plaintiff's attorneys and told them that you are not Driver 1? If so, what did they say?

I would seek competent legal advice before doing anything.

 

Also, who is the lawyer that made the complaint?

Since the lawyer seems to be incompetent, I believe I would let this play out. Let the lawyer waste his time, let it go to court, and then embarrass the lawyer in court by letting him know in front of the judge and jury that you are in fact Driver #3.

 

That would be pretty darn satisfying, but I have to file an answer before it goes to court, otherwise there could be a default judgment in the plaintiff's favor - assuming the judge doesn't read through the evidence closely enough to see that I'm being falsely accused. That being the case, I'm working on writing up an answer and motion to dismiss.

I would seek competent legal advice before doing anything.

 

Also, who is the lawyer that made the complaint?

 

I've got TONS of attorneys that I'm friends with, and I've talked with three of them about it. I'll PM you with the attorney's name. Since this is an ongoing action, I think it's in my best interest to leave his name out of it for now.

I've heard "you can be sued by anyone for anything."

What a pain in the butt.

I wonder if you can counter-sue for the time you have to put in to contest this.

I've heard "you can be sued by anyone for anything."

What a pain in the butt.

I wonder if you can counter-sue for the time you have to put in to contest this.

 

Sue for the cost of an attorney that you may have to pay. That is if you have to get one.

I can come up with a giant dental bill you just paid for all the dental work you just had done from being rearended by driver 2. To the tune of around 15K.

I can come up with a giant dental bill you just paid for all the dental work you just had done from being rearended by driver 2. To the tune of around 15K.

 

I think just got a TERRIBLE toothache...

The attorneys in the crowd can hopefully clarify if this would work.

 

My first thought is do nothing, don't respond to any calls from the attorney and delay filing a reply as long as possible. Then file your reply. The attorney probably waited till the end of his filing deadline to file the complaint. You file your reply after the statute of limitations has passed for him to file his complaint. Obviously, the case against you will be dismissed. However, perhaps by delaying your response you screw the attorney because now he cannot file against the other person. The question for the attorneys is:

 

1. Is one year the statute of limitations?

2. If this action is dismissed, would the attorney be blocked from refiling against the proper person, or would the attorney be allowed to amend the complaint and bring in the proper defendant?

...for something I didn't do.

 

I got a summons the other day via certified mail. Read through the complaint, and it's a completely false allegation that I can only assume was written up against me because the plaintiff and/or her attorney were idiots and couldn't read the damn police report.

 

 

Basic overview:

 

Last June, I was sitting at the light at the end of the exit ramp from I-75 south to Kyles Lane, waiting to turn left. All of the sudden...bang. I was rear-ended. Turns out it was a three-vehicle accident. Driver 1, in a Subaru Outback wasn't paying attention and ran into driver 2 in her Mazda MX-5. Then driver 2 rolled up into the rear end of my old Tacoma, bending the bumper up under the tailgate - I was driver 3. Police were called, driver 1 admitted fault and it was noted in the police report.

 

Narrative from the police report reads as follows: "All three units stated they were on the exit ramp from Interstate 75 south to Kyles Lane in the left lane. Driver of unit one admitted fault stating that he was not paying attention and rear-ended unit two and pushed her into unit three. Units two and three both stated that they were at complete stops at the red light when hit. The driver of unit two stated that she had a headache and her left knee was sore but refused the squad stating that she may go to the doctor on her own." It then goes on to identify the drivers of each unit as I explained above.

 

So anyway, it's one year later, and I get this summons in the mail. It's a lawsuit filed by the driver of unit 2 against ME. Only me. It doesn't include the driver of unit 1, who hit her. Instead, it only names me...the person that SHE rear-ended. It says, clearly mistakenly, that I "struck the rear of the Plaintiff's vehicle causing the Plaintiff's vehicle to strike the rear of the vehicle in front of her for which the Defendant admitted fault". It's also alleging that the lady suffered "serious and permanent injuries, and incurred medical and lost wage expenses in excess of Fifteen Thousand Dollars ($15,000.00)".

 

Aaaaand...just to chap my rear-end a little bit more, this is actually the lady that I declined to make an insurance claim against, seeing as I had JUST received a buy-back offer from Toyota on my truck. I didn't bother to make her pay for the damage to my truck that was just going to be scrapped by Toyota a week later.I'm mad. I'm mad at the defendant. I'm mad at the loser attorney she hired who actually wrote up and filed the complaint (and trust me...he's a loser). I'm mad that I have to deal with this load of bull because they're all a bunch of idiots. I'm just now working on sorting out this crap and I thought I'd vent my anger a little.

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How could you have filed a claim against her? As driver 2, She was not at fault, she was pushed into you by driver 1. Your claim would be against driver 1?

I was once in the same spot you were and driver 3 bought everyone a new bumper.