I think I might need a lawyer (whore hit my car)

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zixxer

Diamond Member
Jul 6, 2001
7,326
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Ornery:
Here's the thing.. I did take it to the right place (magistrate court of the county that the defendent lives in) and what's odd, is I didn't have any injuries, nor did I say I got hurt... it's like they just added that for the hell of it. Nowhere in anything does it say I was injured...


MND: Your drawing is amazingly accurate. I was actually stopped when she hit me, but the police report doesn't say that... so iunno
 

Encryptic

Diamond Member
May 21, 2003
8,885
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Originally posted by: PlatinumGold
Originally posted by: fumbduck
i'd atleast try to get some free sex out of it.

if she gave him FREE sex, would she still be a whore??

No, it would just mean that RossMan hooked him up with a Hot Deal. ;)
 

Regs

Lifer
Aug 9, 2002
16,665
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Ah, I remember this thread. This is when she was backing up down a one way street while you were pulling out?

No witnesses, no ticket issued? Yah, that would be tuff to prove on your own. Consult a lawyer for free consultation.

Need pictures of the damage, and pictures of the environment where the accident happened.
 

kt

Diamond Member
Apr 1, 2000
6,015
1,321
136
Originally posted by: PlatinumGold
Originally posted by: fumbduck
i'd atleast try to get some free sex out of it.

if she gave him FREE sex, would she still be a whore??

Then she would be a slut.
 

zixxer

Diamond Member
Jul 6, 2001
7,326
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Originally posted by: Regs
Ah, I remember this thread. This is when she was backing up down a one way street while you were pulling out?

No witnesses, no ticket issued? Yah, that would be tuff to prove on your own. Consult a lawyer for free consultation.

Need pictures of the damage, and pictures of the environment where the accident happened.

Yeah it's the same one. No witness, no ticket (private property.)

here's my question:

is the fact that she was backing down the very obvious incorrect direction going to help me or will it matter? If it matters then it would be her fault, if it doesn't (because of some crap about it being priv prop or some junk..) then im screwed
 

All right, I'll help you in the least way I can . Please note that I am not a lawyer. Here's a correction of most of the typos:

"I DENT the claim of the Plaintiff as follows: Defendant denies they are indebted to plaintiff in this matter. He is without information as to any damages sustained to the plaintiff; thus, strict proof of the same is demanded. For defendant's defenses, he would state the complaint fails to state a claim upon which relief can be granted. Defendant would also assert lack of jurisdiction over their person and improper venue and insufficiency of service of process. Defendant would aver that the plaintiff's own contributory and comparative negligence caused the accident in question; as such, plaintiff's claims are barred and/or should be reduced due to the percentage of the plaintiff's own negligence. Pending additional investigation and discovery, defendant avers that should it be shown that plaintiff sustained injury, then, in that event, the defendant avers that the conditions are totally, or, at least, in part, due to a preexisting or subsequent injury and/or health condition which did not have its origin in the accident in question. Consequently, the defendant should not be held responsible for the plaintiff's present physical condition."

First off, what age group is this lady? It appears she is not the defendant. Notice the supposed lawyer refers to the defendant as "he". If she's a minor, then she might have the insurance in her father's name? It may also explain why she changed her story. Or maybe I'm wrong!

I think it should be relatively clear what the lawyer is saying.

She's saying she shall, on behalf of the defendant, weaken your case as follows:

The defendant does not believe that he owes you.

You must present to the defendant proof of evidence of damages sustained, whereas you haven't done so.

You failed to state a specific claim, so that the court could make a ruling in favour or against it; and so the defendant could properly defend himself. (This could mean your claim has no estimate of monetary value.)

The defendant is also arguing that the court does not have jurisdiction over him. In other words, either the case was filed in the wrong court; or the insufficiency of service of process renders the court's judgment useless, since the court acquires no jurisdiction over the defendant.

You may have failed to serve the defendant a summons; or you failed to do so in a timely fashion; or the defendant did not receive a notice of summons; or you didn't follow the complete prodecure to serve the defendant. (Something like that, where at the end it was insufficient.)

Improper venue: The location (e.g., county, city) you chose to file the case is also incorrect.

You relatively and equally contributed to the accident. Therefore, your claims should be thrown out ; or at the very least, you should share responsibility for your part in negligence by the court reducing your claims (which implies reduction in monetary claim).

If you eventually submit proof of injury or any [new] claims are made of injury, the defendant asserts that your injury is completely or at least in part due to a previous or successive injury or health condition that you had sustained from another incident or independently, not the defendant's. As a result, the defendant does not owe you for your current physical condition.

If you look at the arguments, they are grasping for straws. It's also a norm to argue in all aspects, so as to convince the court to dismiss the case. However, that often doesn't work. You might want to check though, as it is clear that the defendant is not the girl. If the insurance is written in someone else's name, then you may have failed to follow all procedures.

You don't need a lawyer. However, if you are claiming a big sum and want enough to fix your car and then have some left for any injuries or loss in compensation (e.g., missing work), you might want to find a lawyer! Basically, if your case is good enough for superior court, rather than small claims, then hire a lawyer. Having a lawyer might also motivate the insurance to settle the case out of court. Again, I'm not a lawyer. The advice given is in the capacity of a layperson.
 

zixxer

Diamond Member
Jul 6, 2001
7,326
0
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it's wierd how the insurance works. the woman hit me. she was driving. the car is in her name according to the county she lives in. The insurance might have been in someone else's name; I don't know..
 

TechBoyJK

Lifer
Oct 17, 2002
16,699
60
91
do what i do, go straight to your attorney general, and make the plea, "WTF is happeneing to me?" Works everytime, because they will go straight to the judge and ask the judge the same question, usually gets things resolved in a fair way.
 

Codewiz

Diamond Member
Jan 23, 2002
5,758
0
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Originally posted by: se7enty7
it's wierd how the insurance works. the woman hit me. she was driving. the car is in her name according to the county she lives in. The insurance might have been in someone else's name; I don't know..

Well I owned my truck but while I was in school, my mom paid for my insurance. So basically if I had gotten into a wreck then the insurance would have placed her as the defendant I think. The policy was under her name and I was considered a secondary driver.

I would get a lawyer if this involves more than $2000.
 

PlatinumGold

Lifer
Aug 11, 2000
23,168
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"I DENT the clain of the Plaintiff as follows: Defendant denies they are indepted to plaintiff in this matter. He is without information as to any damages sustained to the pllaintiff; thus, strict proof of the same is demanded. For defendant's defenses, he would stat the comlaint fails to state a claim upon which relief can be granted. Defendant would also assert lack of jurisdiction over their person and improper venue and insufficiency of service of process. Defendant would aver that the plaintiff's own contributory and comparative negligence caused the accident in question, as such, plaintiff's claims are barred and/or should be reduced due to the percentage of the plaintiff's own negligence. Pending additional investigation and discovery, defendant avers that should it be shown that plaintiff sustained injury, then, in that event, the defendant avers that the conditions are totally, or, at least, in part, due to a preexisting or subsequent injury and/or health condition which did not have its origin in the accident in question. Consequently, the defendant should not be hold responsible for the plaintiff's present physical condition.

after reading this a few times, i've come to the conclusion that this lady is trying to bluff you and she is doing it ON HER OWN. I highly doubt that what she sent you is the work of a lawyer.

here's what i see happened, this lady found a letter a lawyer had used for someone else and tried to copy it and send it to you as if it were for her.

 

"it's wierd how the insurance works. the woman hit me. she was driving. the car is in her name according to the county she lives in. The insurance might have been in someone else's name; I don't know.."

Huh? Se7enty7, I just read your link. You stated there:

"She will be covered under her boyfriend's insurance policy. As long as he gave her permission to drive it she is covered."

So I don't get your new statement! Did the facts change? Is she suddenly the owner of the car? And you aren't sure if the insurance is in her name? Uhmmm. . . . If your previous statements are true, then it would explain the reference to the defendant as "he".
 

zixxer

Diamond Member
Jul 6, 2001
7,326
0
0
Originally posted by: luvly
"it's wierd how the insurance works. the woman hit me. she was driving. the car is in her name according to the county she lives in. The insurance might have been in someone else's name; I don't know.."

Huh? Se7enty7, I just read your link. You stated there:

"She will be covered under her boyfriend's insurance policy. As long as he gave her permission to drive it she is covered."

So I don't get your new statement! Did the facts change? Is she suddenly the owner of the car? And you aren't sure if the insurance is in her name? Uhmmm. . . . If your previous statements are true, then it would explain the reference to the defendant as "he".

because her insurance company has lied to me enough for me to know not to trust what they say. They initially said the car wasn't hers and there's nothing they can do. I then was able to find out through the county that it IS her car, but I don't know whos it is.

The lawyer is someone from the insurance company. it lists the lawyers phone #, and that is in TN, where the insurance company headquarters is. I think it's a generic letter they send to EVERYONE trying to fight them