My carrier is Progressive. I guess I'll make one more call to them tomorrow before I pursue things otherwise, but at this point, I'm feeling like with one of my attorney friends handling things for me (for free), and the relative open-and-shut appearance of things, I may go on without the insurance carrier and not run any risk of increase in premium.

 

 

Do you have an agent or just do Progressive on line? This situation is why your agent gets a cut.

Sue the attorney and the plaintiff for being idiots.

...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.

[ATTACH=CONFIG]40260[/ATTACH]

 

I had the same thing happen to me at a traffic light on Turkeyfoot Road.Car#1 was stopped at the light(some old lady). I was behind her and I was completely stopped. Car #3 (teen age kid) ran into the back of my car going 45mph, and did not even try to stop. My car was pushed into the old lady's car. When my car was impacted with the old lady's car, it didn't even make a scratch on her car as my car was barely moving by then. I was driving a 68 Ford Falcon that was built like a tank and the damage to the back of my car was terrible and it popped open the trunk lid.

 

Long story short, the teen ager in car#3 said the reason he hit my car was that he was tired and playing with the radio.He admitted that it was his fault.

 

The ambulance came and check everyone out. The old lady said she was"fine". I had some thing pop on the back of my neck , so I drove myself to the hospital. The teen ager had no injuries. I had to go on short term disability for my injuries. Next thing I hear is the old lady had an extensive "whiplash" injury and was seeking extensive medical treatment about 3 weeks after the wreck. I just called my insurance company and told them to deal with it. People just try to make an easy buck.

Hmm...I didn't know that. Just learned something new.

 

You are cracking me up CWB:

 

http://bluegrasspreps.com/bluegrasspreps-coms-break/wrecked-my-truck-237159.html#post4392108

Hmm...I didn't know that. Just learned something new.

 

Before you file an official answer, have you contacted the attorney to tell him that he has his cars backwards, and that she rear ended you? He may drop his action and it could be that easy.

Before you file an official answer, have you contacted the attorney to tell him that he has his cars backwards, and that she rear ended you? He may drop his action and it could be that easy.

 

The heck with that. If I'm him, I hire an attorney and counter sue for legal expenses as well as compensation for time wasted.

The heck with that. If I'm him, I hire an attorney and counter sue for legal expenses as well as compensation for time wasted.

 

Agreed UMF, take it all the way to court, make the attorney look like a jackwagon incompetent in front of the court.

You are cracking me up CWB:

 

http://bluegrasspreps.com/bluegrasspreps-coms-break/wrecked-my-truck-237159.html#post4392108

 

Well looky there....

 

...anyone know anything about early onset Alzheimers?

The heck with that. If I'm him, I hire an attorney and counter sue for legal expenses as well as compensation for time wasted.

 

This type of thing happens. The lawyer got this, and probably a hundred other things going on at the same time. He mixed up the parties. He's the one who wasted his time. If, after a phone call, he doesn't drop his action, then nail him to the wall.

This type of thing happens. The lawyer got this, and probably a hundred other things going on at the same time. He mixed up the parties. He's the one who wasted his time. If, after a phone call, he doesn't drop his action, then nail him to the wall.

 

Can lawyers have their license suspended due to incompetency? Being busy isn't an excuse IMO.

Before you file an official answer, have you contacted the attorney to tell him that he has his cars backwards, and that she rear ended you? He may drop his action and it could be that easy.

That was my first thought too, but then I felt like maybe I was being naive.

 

If you can avoid a legal issue with one phone call, why would you not make that call?

Can lawyers have their license suspended due to incompetency? Being busy isn't an excuse IMO.

 

Yes, but this isn't near that level. It was a mistake. Now, if he is malicious after being informed of his mistake, then there could be grounds to bring a complaint. All he did was look at the police report and mix up car 1 and car 3. If he didn't mix them up, and is suing both, that would miff me pretty big. Then I would go full throttle back at him.

Can lawyers have their license suspended due to incompetency? Being busy isn't an excuse IMO.

 

Maybe he's got cable, and is irritable...:idunno:

 

http://www.youtube.com/watch?v=Z01sQpuBe4s

I am willing to be driver one either is uninsured and/or flew the coup. Driver two had damages and had their vehicle repaired and they either hired the attorney or driver two's insurance company hired the attorney. They may or may not have made a mistake in suing Driver 1, because they are looking for an insured driver in the melee. I would advise my insurance company and let them deal with it. I also have Progressive, and I have had a similar, but different experience due to an uninsured motorist and they dealt with it with no increased cost to me. But...my advice is worth what you paid for it (disclaimer).

An overdue update on this thread...

 

I contacted Progressive again regarding the whole matter, and was referred to their legal department. They asked me to send them a copy of the police report from the accident, as well as the complaint filed against me. That afternoon I was contacted and asked if I would be available for a conference phone call the next day, so I scheduled for a call the next morning. I was called the next morning, and to my surprise, we proceeded to directly call the opposing attorney's office. When first notified about his stupid mistake, the attorney responded with quite a bit of language, and questioned the validity of our claim. The agent then asked if he had read the police report (which got him really fired up), and he said yes. Then he calmly asked the attorney to re-read it. He put us on hold, and then came to the phone about 6 or 7 minutes later with a much more contrite demeanor, asking for a phone number in order to look into things and call back later. I was not included in the return phone call, but the next day I was given notice by Progressive that the charges had been dropped, and I have since received a motion to dismiss in the mail.