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Old 01-07-2013, 06:22 PM   #1
EliteRetard
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Default Would you get a lawyer?

Auto accident involving 2 other vehicles (3 total) causing personal injury.

My friend got in another accident, I was at his house talking with him and his mother about it. She slapped me in the face and told me to shut the fuck up because I suggested he get a lawyer. She had plenty of other bad words for me (and lawyers), and basically is completely against lawsuits or lawyers because it's "dishonest". Insurance companies always do the right thing and cover 110% including personal injuries and any/all loses resulting from it. No way he can work right now (shipping for UPS) and will loose his grant money/financial aid for school if he misses to many days (new quarter or semester or whatever just started).

Problem is their insurance is horrific (he and his mom share a policy) and he has had serious problems with them. His mother refuses to change companies/policies and he pretty much does what she says (she bought him a car brand new [twice now]), doesn't care enough to deal with it himself. I have no idea why his mom likes the insurance so much...terrible prices, terrible service, using scare tactics etc to get their way, and they have proven to be very dishonest. Like charging for coverage not provided, then claiming the vehicle is not covered when an issue arrives...instead offering to refund the excess amount paid (far less) instead of covering the damages as they should.

Once he was rear ended while paying for parking in a garage, and despite the cop and booth employee testimonies the insurance insisted that he fled the scene (or whatever) and he got stuck with $1,400 in repairs. Later somebody had stolen his car and wrecked it bad, $6,000 in damage, but since he didn't press charges (or whatever, he didn't know who stole it) he got stuck with it. Just recently his mother let a renter from her house take this car and they totaled it. Massive fight for several months with insurance and just now getting resolved (they had all kinds of issues and this is where they lied about coverage etc). I'm sure there were a few other incidents as well...he's a magnet for car accidents. I KNOW hes a bad driver, but he insists that no accidents were his fault (and technically that's true) so he thinks he's a fantastic driver. Anyway...

So he gets a new car just a few weeks ago and now gets into this accident. Sounds like he wasn't paying attention (he admitted to me he was playing with his radio) on the highway and had to stop fast. Fortunately (pure luck I'm sure) he was far enough back to not hit the person in front, but the person tailgating him couldn't stop fast enough so they swerved into the other lane and the person behind them ended up plowing into the back of the car that was swerving, and continuing forward until it hit his car as well. Doesn't sound like this second car slowed at all, so hit the swerving car at 60-65 mph and ended up hitting him at maybe 40+ mph. He had his foot jammed hard on the brake from when he stopped, so when he got hit it tweaked his hip and spine really bad and gave him whiplash as well. He was on his way to school, and tried to get there after the accident...initially didn't think he was injured (may have said as much on scene). But upon reaching school was injured enough that he couldn't even walk to his classes. That's when he came home and I talked with him and his mother.

Thing is, something similar happened to my mom...having her foot jammed on the brake while getting rear ended. She still has serious back issues many years later (even considered going out of country for special surgery). So I suggested he go see a doctor right away and get a lawyer. His mother agreed on the doctor part, but insists that drugs will fix everything in a few days and that getting a lawyer is basically demonic and unfathomable (I got slapped sometime there). So she is extremely angry at me, and is trying to make sure he doesn't do anything. He's on his way to urgent care, and I made sure he got an appointment with his chiropractor (the one he saw last time he got rear ended). Figured I'd see what ATOT thinks.

I have no experience with lawyers, but I think its a smart move this time. Can a lawyer deal with insurance and whatnot to make sure everything gets done properly and fairly? If insurance won't cover it then a lawsuit? I'm guessing I can't get a lawyer for him, is it safe to just pick anybody off the the yellow pages etc? I'm sure he won't want to deal with the hassle, but if I can just give him a phone number he might. If I can get a lawyer that doesn't require pay unless/until they win (and take payment from the settlement or whatever) that'd make it much easier to convince him. No way he could afford a lawyer right now and I know his mom would refuse to help.

He's kinda like a brother, I've known him long enough...I have more time than he does right now so I'd like to help out if I can.
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Old 01-07-2013, 06:28 PM   #2
Schfifty Five
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You need to get new friends if their mom's are slapping you in the face and cussing you out.

Either that or this is just some BS story.

FYI, i didn't even bother reading past the first paragraph.
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Old 01-07-2013, 06:31 PM   #3
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Originally Posted by Schfifty Five View Post
You need to get new friends if their mom's are slapping you in the face and cussing you out.

Either that or this is just some BS story.

FYI, i didn't even bother reading past the first paragraph.
I agree, especially with the last part.
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Old 01-07-2013, 06:38 PM   #4
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I just came in to post that I would sue regardless of the situation because I am American and proud of it.

Then I saw that fucking book you wrote. Cya in court.
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Old 01-07-2013, 06:39 PM   #5
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Stay out of it, at least with his mom. Evidently your friend is comfortable with his mom running his life in exchange for her supporting him. He's an adult and can make his own decisions. If you want to tell your friend your opinion do it outside the presence of his mother. Arguing with her, in her house no less, isn't the way to go. Going by what your saying she is evidently just stupid if she continues to get screwed by the same company over and over so your not going to reason with her. You'd have the same success arguing with a wall.
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Old 01-07-2013, 06:39 PM   #6
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If this is serious, lawyer x1000.
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Old 01-07-2013, 06:42 PM   #7
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You were within your legal right to pimp slap his mom after she slapped you. Also, you could be happy knowing she wouldn't get a lawyer, so you're untouchable.

Given that he's now out of work and injured I think a lawyer is prudent.
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Old 01-07-2013, 06:43 PM   #8
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I'd get a lawyer just to see if you can press charges against the mother!
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Old 01-07-2013, 06:56 PM   #9
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I've known this family since I was like 5. Our mothers used to take turns babysitting each others kids. I had no reason to react to getting slapped, it was unusual but not surprising...she still treats me like I'm 5. She has a long (and very odd) story of her own.

The later paragraphs are just detail/back story, the question is still whether it's worth getting a lawyer with a 3+ auto accident and personal injury.
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Old 01-07-2013, 07:11 PM   #10
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Originally Posted by 1sikbITCH View Post
Then I saw that fucking book you wrote. Cya in court.
But, but, I used paragraphs!

America today reminds me of one episode on Farscape, a planet with 90% lawyers and those who don't know the law get trampled/killed, treated as barely even slaves.

We're not at 90% yet but when we have multi-million dollar lawsuits and years of litigation over paper cuts it's getting to the point where you basically have to be a lawyer to survive.
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Old 01-07-2013, 07:33 PM   #11
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If the accident wasn't at fault, the other person's insurance is responsible anyway.

I agree that the previous history with his insurer is sketchy, but that's partly his fault for not fighting back (there is no way in hell I'd let my insurer claim that I "fled the scene" if I had police testimony to the contrary, for example). Many insurance companies, even ones with decent reputations, screw over people who just take their first offers without question or complaint.

Let the other person's insurance make their offer. If it isn't good enough, make a counteroffer. If they won't budge, and you think that they are being unreasonable, THAT is when you get a lawyer.
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Old 01-07-2013, 07:40 PM   #12
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Yeah you made me bring it down from "wall of text"

I am not a lawyer but I work for an accident attorney. I declined to read the particulars as I need a break from work stuff.

If you intend to deal with insurance agents and their lawyers, you would be an idiot not to make sure you know all the laws and all the measures that the insurance company has begun taking to protect themselves against you. Hi let me see how I can screw you today.

If a person is considering taking legal action in any matter, they should always at least talk to a lawyer. The phone call is free.
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Old 01-07-2013, 07:48 PM   #13
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My gf was hit by a car 2yrs ago. Broke pelvis, had surgery, now 2 years later had random seizures. Get a lawyer a good one. Her dad insisted on some friend lawyer and he has not done shit. Their insurance was exhausted and the girl who hit her didn't have high enough limits. She's suing but doesn't look like she can get anything.

She was going to go to the police academy, all she had left was the physical. Ruined her life pretty much and her lawyer was always like well we have to wait after physical therapy, after that he's like now I need all your bills. After this he rarely returns calls or gets back. And this is 2 years after the accident.

If I were him I would listen to a good friend and get a decent lawyer because these things can and will drag out. Insurance will cover what they can but later in life he may suffer medically and you can never tell that.
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Old 01-07-2013, 07:51 PM   #14
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Your friend's mom sounds like a real winner.

I know he's your good friend and that you'd like to help, but it sounds like the Failboat is about to run aground. Knowing his mother's attitude towards you and his propensity to get involved in stuff like this, I'd limit your involvement if possible. To answer your question: Yes, I'd get a lawyer. This is a lot more serious than a fender bender, and you have no idea what the other involved parties can or will do.

Last edited by xanis; 01-07-2013 at 07:53 PM.
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Old 01-07-2013, 07:54 PM   #15
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I got to the part where she assaulted you. WTF is wrong with that you let that pass? Fuck that. i would be on the phone and the bitch would need a lawyer.

you need new friends. so who gives a fuck what they do?

what fuck is wrong with people today?
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Old 01-07-2013, 08:20 PM   #16
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Quote:
Originally Posted by waggy View Post
I got to the part where she assaulted you. WTF is wrong with that you let that pass? Fuck that. i would be on the phone and the bitch would need a lawyer.

you need new friends. so who gives a fuck what they do?

what fuck is wrong with people today?
You'd sue someone for slapping you? Man, I'm a lawyer and even I think that's frivolous.

Maybe that's why I'm doing something other than practicing law, though. I got soft.
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Old 01-07-2013, 08:23 PM   #17
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Let your friend (and his mom) make their own mistake. You've tried to help, now stay out of it.
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Old 01-07-2013, 08:48 PM   #18
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Did her slap knock any sense into you?
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Old 01-07-2013, 09:07 PM   #19
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Originally Posted by sjwaste View Post
You'd sue someone for slapping you? Man, I'm a lawyer and even I think that's frivolous.

Maybe that's why I'm doing something other than practicing law, though. I got soft.
no. you aren't practicing law because you are a idiot. I didn't say sue her i said she would need a lawyer. Since you know its fucking assault.


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Let your friend (and his mom) make their own mistake. You've tried to help, now stay out of it.
/this. if nothing else having friends whose parents are nuts is far to much drama a person needs.
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Old 01-07-2013, 11:17 PM   #20
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You guys forget, I am very emotionally stable (logical?). A slap from an older lady does nothing to me. The fact that you guys get so crazy upset about it as she was is what's wrong with this world. Everybody needs to calm the heck down. So much !RAGE! all the time over massively petty things. You called me "stupid". I don't like the way you "looked" at me. She "slapped" me. You dare suggest I think/try it "your" way?! You guys are gonna get lawyers for that? Start a fight? Pull a gun?

This world ...perhaps we need to drop everything and start teaching honor, courtesy, and morals/ethics again.

LOL and I was asking about a more serious and involved auto accident. Sounds like I should call a lawyer...ask a few questions.
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Old 01-07-2013, 11:26 PM   #21
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Drama much?
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Old 01-07-2013, 11:33 PM   #22
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tl;dr
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Old 01-08-2013, 10:04 AM   #23
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Quote:
Originally Posted by EliteRetard View Post
You guys forget, I am very emotionally stable (logical?). A slap from an older lady does nothing to me. The fact that you guys get so crazy upset about it as she was is what's wrong with this world. Everybody needs to calm the heck down. So much !RAGE! all the time over massively petty things.
I'm not sure what planet you live on, but getting slapped in the face and told to "shut the fuck up" isn't "massively petty" on this one. Maybe you need to stop being such a pussy and stand up for yourself. Just sayin'.

Quote:
You called me "stupid". I don't like the way you "looked" at me. She "slapped" me. You dare suggest I think/try it "your" way?! You guys are gonna get lawyers for that? Start a fight? Pull a gun?
While it's probably not a big deal in the grand scheme of things and she probably isn't a violent person in general, this is definitely something that you could (and maybe should, depending on the situation) get a lawyer for. No one said anything about pulling guns or starting fights... are you just trolling us now?

Quote:
This world ...perhaps we need to drop everything and start teaching honor, courtesy, and morals/ethics again.
Good idea. Might want to start with your friend's mom and send her back to kindergarten, which is where most people learn that it's not okay to hit people when they disagree with them.

Last edited by xanis; 01-08-2013 at 10:16 AM.
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Old 01-08-2013, 10:16 AM   #24
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Quote:
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Technically, your friend's mom assaulted you.
No, she battered him. Assault is an act by a defendant that is intended to cause an apprehension of harmful or offensive contact to the plaintiff, and which actually caused apprehension of such contact in the plaintiff. In contrast, battery is an intentional act by a defendant to cause harmful or offensive contact on the body of the plaintiff; and which actually results in harmful or offensive contact to the plaintiff's body.

I.e., If I intentionally motion as thought I am going to punch you and you feel threatened, I have committed the tort of assault. If I actually punch you, I've committed the tort of battery.
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Old 01-08-2013, 10:16 AM   #25
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Quote:
Originally Posted by soxfan View Post
No, she battered him. Assault is an act by a defendant that is intended to cause an apprehension of harmful or offensive contact to the plaintiff, and which actually caused apprehension of such contact in the plaintiff.

Battery is: 1) an intentional act by a defendant; (2) to cause harmful or offensive contact on the body of the plaintiff; and 3) which actually results in harmful or offensive contact to the plaintiff's body.

I.e., If I intentionally motion as thought I am going to punch you and you feel threatened, I have committed the tort of assault. If I actually punch you, I've committed the tort of battery.
Ah, didn't know that; thanks for clearing it up. Fixed my post.
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