Wedding Etiquette Forum

Lawsuit Question and Vent

As some of you know, Mike was ain a horrible car accident last year (May 08) that he was lucky to walk away from. He was stopped on the highway with some other cars because an injured deer was crossing the road and some horrible woman hit him directly in the rear of his car going at least 70mph. She never stopped, not once. This was at 3pm in the afternoon too.Anyway, we are obviously suing her for Mike's extensive medical bills for his back damage, and for the totaled car, and for pain and suffering on the days he missed out of work. However, it is now a year and a half after the accident and we have yet to see any compensation. Our lawyer assures us they are working on the case, which makes sense because they want to be paid too, but basically I am just really frustrated no one is being made to pay. We probably won't see any money for 6 more months at least. If this normal for cases to drag on close to two years?I guess this is also a vent because I know nothing will happen to the woman who almost killed him and it makes me furious. (She never had insurance to begin with, has no assets, no job, was driving a car she was way behind on payment on etc...) I try to practice forgiveness, but this is just so hard.
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Re: Lawsuit Question and Vent

  • If she had no assets or job, how are you expecting to collect for his medical bills? Not trying to be mean, but just wondering how much you can expect to collect given her circumstances.
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  • (She never had insurance to begin with, has no assets, no job, was driving a car she was way behind on payment on etc...) Can you even sue, and expect payment, from someone that doesn't have anything?
  • And meant to say that my mom was hit in a similar situation by a drunk driver, and it took us almost a year to work out a claim with the insurance company. She wasn't hurt as bad but it did take a loooonnnng time to get squared away. So since there's more injury involved I think this may be normal.
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  • So sorry to hear about the accident and all the trouble you're having.  I know nothing about lawsuits, but here's my logic:  If she had no assets or insurance, who is going to be paying?  That might be the hangup.  Finding the person with the money, because obviously, it's not the woman who hit him or her insurance company, since she was uninsured.
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  • It is very normal for suits to drag on like this- especially when one of the parties isn't being "easy". If she had no assets and no insurance I'm sure she's not going to qualify as being easy. I'm sorry! I hope this is resolved for you soon!
  • Melissa, the way it works in the case of an at fault party with no insurance is that we bascially have to sue our own insurance company. It is standard procedure in cases like this and with every insurance policy there is an amount your own insurance company is liable for in the case that you were hit by another person. It does kind of suck because there is a cap on that amount, but, I don't think we would get much more than that anyway.
  • I didn't know about Mike's accident, but I'm very glad that he made it out okay. My mom and I were t-boned about five years ago. The car was a company car, so the company's insurance got involved and took the case completely over. We didn't hear anything about it for over a year and a half... then my mom got a letter from the insurance company just saying that they were STILL in litigation. I thought it was ridiculous consider it was something as cut and dry as the lady ran a red light and plowed us, do we really have to debate this for a year?But, I digress. Just based on that experience, I can easily see a case with even more damage taking an extensive amount of time.
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  • Was she arrested for anything?
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  • Oh, and I wasn't trying to be snarky or sarcastic - it was a sincere if-she-doesnt-have-anything-how-does-she-pay questions.
  • I don't know anything about lawsuits but that is really awful. :(  I hate people like that, who are so irresponsible and then hurt people seemingly without consequence.
  • I'm sorry to hear about that, and I'm so glad that he's okay! Yes, these cases can stretch on for a long time. One question, however: If she has no assets or insurance, what do your lawyers expect you to gain from the suit?
  • Are you suing this woman?  If she has no insurance, assets or jobs, I don't see how you'll collect any money.  Or are you fighting with your own insurance to cover the injuries sustained by an uninsured driver?  Yes, these things can take a long time.  A trial can easily last 2 years.
  • It is more than normal for legal proceedings to take years. Two years is, believe it or not, actually quite a short amount of time on the spectrum. Depending on the claims, evidence obtained or still required, discoveries, deadlines and extensions of deadlines, whether it is settled or goes to trial, and so forth....well....time can really drag on....for several times what Mike's case is, and will still be there long after his will likely be concluded.
  • Hence, the only thing this woman gets punished for on her end is a totaled car with no way to recoup loss and a ticket for driving without insurance.
  • Probably the only thing they might be able to do is garnish her wages or anything were she to get a job.  Sorry to say, but it sounds like you guys are out of luck if she didn't have insurance or anything. 
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  • Ok that makes sense. We didn't use an attorney because they took such a huge percentage of her out-of-pocket expenses plus the settlement but it dragged forever.
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  • If she was charged/convicted of a crime for this, you should check into your Victim's Services in CT.  I'm finding some good resources there, including a compensation program.[url]http://www.jud.ct.gov/crimevictim/#1[/url]

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  • Kiki no she was not arrested for anything. Apparantly she did not have an substances in her system, but it took us forever to be allowed to know that. I am sorry, but if some one almost kills my husband I felt as I had a right to know if she was drunk. I guess we could have pressed charges for reckless driving and all that nonsense but we would have had to go to court and I really did not want to go that route. I kind of wish we had now, but at the time I was just more tahnkful Mike walked away alive.
  • I work for a PI attorney and I can tell you that it can take far longer than 2 years.  I have cases that date back to 2006, easily.  Be patient and trust your attorney.  I know it's frustrating and I hear this all the time... Know that you aren't the only one waiting to be fairly compensated. I'm thrilled to hear that you had the smarts to have a UIM policy. 
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  • So, all she gets is a ticket for driving without insurance?  That's so unfair.  She should have gone to jail. I think I'd have trouble forgiving her, but I am glad your H is ok.
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  • Unfortunately, I think it is the norm.Ex-FI was T-boned by a cement truck on a highway in AZ. He had lingering injuries, etc. To my knowledge, they still haven't finished with the lawsuit, and it's been 5 years (though I haven't heard from him in over a year, thank goodness). As for the woman, try not to focus on her if you can help it at all. Be thankful that your H is alive and cherish every moment you have with him. Tell him you love him before he leaves for the day. Even though she did a terrible thing, I'm sure she didn't set out that day wanting to cause your H that kind of pain. Forgiveness can be so hard, and it's not an instant thing. It takes a lot of work, but focusing on the good parts of your life can help in that process. And venting is also helpful!
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  • Ivy, I definitely understand that there are many cases out there, but isn't that why we pay a lawyer? ...to navigate the system? Also, she really seems to be giving us the run around. She is always blaming the insurance company for not calling her back. She even claimed our insurance company wouldn't pay because we had AIG insurance too. Ummmm no we don't, get your freaking facts straight. I almost want to go to another lawyer but I fear that will just take MORE time.
  • The situation sucks all around, but it does sound normal since an uninsured motorist and insurances are involved.  How was she not arrested if she was driving without insurance?
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  • Thanks Vogt, those words really mean a lot. You are definitely right that what matters is that Mike is here with me and we are happy. It just gets frustrating at times. The hard part is, that while I know this woman never set out to hurt Mike, she also didn't bother to be a safe enough driver to prevent anything either. It is just so selfish on her part. Ugh! Thanks for letting me vent :)
  • I'm so sorry that you and Mike have to go through that. Unfortunataly, the attorney in our office who does these types of cases often go back to 2004-2005.
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  • The case will take a long while--unfortunately things like this do not get solved over night.As for being compensated for the accident--I will have to second all of the PP's on this. If she has no assests, no insurance, no job--where will they get the money from? It seems a bit difficult to expect money--despite the fact that it may be deserved ten-fold, where money does not exist.
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  • As far as how they are able to sue, when you obtain insurance, the insurance company will offer you un/underinsured motorist protection. It covers your asss in situations like these. You can reject UM, but it's fairly cheap and totally worth is. At least that's how it works in Louisiana. Meaghan: Some insurance companies/adjusters are very easy to work with and will wrap a case up as soon as the individual is through treating with his/her doctor. Some sit with their thumbs up their asss all day and do nothing. Sorry that it's taking so long, but it is a timely process.

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  • I was in an accident and didn't get paid til 3 and a bit years later.

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  • Yes, you hire an attorney to help you navigate the system and negotiate for you.  Your attorney is required by law to work in your best interest.  If you don't feel that she is doing that, you have every right to fire her.  That WILL take more time, but if you feel you haven't received satisfactory representation, I would talk to another attorney before you fire the first.  It is very important that you feel comfortable with your attorney. But I have to tell you, that even though attorneys are hired to help you navigate the system, it still takes a very long time.  This is extremely normal and insurance companies can be very difficult to pin down. If you want to chat more, give me your email and I'll be happy to answer whatever questions you might have. But please understand that I am not an attorney and so I am not allowed to give you legal advice. 
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  • Meg, I'm so sorry, but I'm very glad Mike is okay now. Unfortunately, cases always take a long time.  Your insurance company is going to do a lot of investigating, a lot of investigating of that woman and honestly, do what they can to minimize the claim in any way.  You'll get your recovery, but the process is slow.  Hang in there!
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