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Any lawyers here? Lady suing my father almost 3 years after an extremely minor fender-bender.

Korrupt

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So 2y9m after my dad had an extremely minor accident (from his story--I was not there), he received a letter/legal document saying he is being sued for "a minimum of 75k" in "damages". There was also already an insurance claim for this back when it originally happened and the lady got $3500 or so and had her entire bumper replaced (she was in an SUV like a honda pilot and my dad was in a sedan).

He was apparently behind this lady at a stop sign, she started to go, then slammed on her brakes and he hit her back bumper at less than 5mph. He tells me she was up standing and walking around the entire time waiting for the police and an ambulance was not called/used at all. I've heard the "soft tissue injuries can takes weeks or months to manifest" argument, but this seems pretty obviously fraudulent to me considering how minor the accident was and how late she is suing (3 months before statute of limitations), as well as the fact that she is using one of those infomercial, ambulance-chaser law-firms you see on TV always advertising (bragging almost) about how they can sue damn near anyone for damn near anything. Don't know how these people sleep at night...

The language in the case is ridiculous. Akin to "he slammed into me and my neck and back are destroyed, my life ruined, I'm totally crippled, haven't been able to work or enjoy life, etc, etc, etc..." The whole 9 yards of total BS and lying. The document also states the accident happened at 8am, but it happened at ~2pm.
He's already called his insurance company (USAA) and has faxed and mailed all the details they requested to them. They told him they'd handle it and if they need anything they'll reach out to him. She, unfortunately, might have a witness (a friend of hers) who was behind my dad when this happened and I'm sure is willing to lie for her con-artist friend.

I have a feeling this lady has prior (or maybe later) medical issues (like degenerative disk disease or something, for example) and is fraudulently blaming all her issues on the accident and trying to use this lawsuit as a lottery ticket.

How do these cases usually go? My father is 80 years old, has suffered strokes in the past, and is very stressed out about this. He's literally thinking of the worst case scenario(s), saying "if she were to win this case I'd lose everything, have to sell the house, and I'd be living on the street." I'm just trying to get any advice I can so that I can ease his mind and help him. Also, is counter-suing in this an option? He shouldn't be under this kind of stress, especially from something fraudulent--it could cause another stroke and kill him.
 

Bible_Belt

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Welcome to the practice of law in the US. Lawyers rape and pillage society, then insurance companies bill all of us to pay for that raping and pillaging. In all likelihood, your dad's insurance company will just cut them a check. In my state, $25k of liability is required in insurance, so that is what the lawyers sue for. They have their minimum wage secretary send the insurance company a form letter, the insurance company sends a $25k check, and the scum bag lawyer takes a third for doing nothing. I have never seen a person's personal assets taken due to a motor vehicle wreck, especially a minor one where the defendant had insurance. Doing so would be work for the attorney, and doing work is the last thing these lazy assh0les want.

You have no basis for a counter suit at this point. If it were me, I would be tempted to find the woman driving, get in front of her and slam on my brakes until she hit me. I'm not saying to do that, but it would be tempting.
 

Korrupt

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Welcome to the practice of law in the US. Lawyers rape and pillage society, then insurance companies bill all of us to pay for that raping and pillaging. In all likelihood, your dad's insurance company will just cut them a check. In my state, $25k of liability is required in insurance, so that is what the lawyers sue for. They have their minimum wage secretary send the insurance company a form letter, the insurance company sends a $25k check, and the scum bag lawyer takes a third for doing nothing. I have never seen a person's personal assets taken due to a motor vehicle wreck, especially a minor one where the defendant had insurance. Doing so would be work for the attorney, and doing work is the last thing these lazy assh0les want.

You have no basis for a counter suit at this point. If it were me, I would be tempted to find the woman driving, get in front of her and slam on my brakes until she hit me. I'm not saying to do that, but it would be tempting.
Thanks for the info. I think my dad told me someone coming from the other way was coming fast and she had to stop, but to make a fraudulent lawsuit against someone you don't even know for an easy buck like this is true scumbag ****. I genuinely hope she gets into a legitimately serious accident some day soon and is actually crippled for life and in horrible, torturous pain until the day she dies, like she fraudulently claims in the lawsuit papers.
 

Trump

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So 2y9m after my dad had an extremely minor accident (from his story--I was not there), he received a letter/legal document saying he is being sued for "a minimum of 75k" in "damages". There was also already an insurance claim for this back when it originally happened and the lady got $3500 or so and had her entire bumper replaced (she was in an SUV like a honda pilot and my dad was in a sedan).

He was apparently behind this lady at a stop sign, she started to go, then slammed on her brakes and he hit her back bumper at less than 5mph. He tells me she was up standing and walking around the entire time waiting for the police and an ambulance was not called/used at all. I've heard the "soft tissue injuries can takes weeks or months to manifest" argument, but this seems pretty obviously fraudulent to me considering how minor the accident was and how late she is suing (3 months before statute of limitations), as well as the fact that she is using one of those infomercial, ambulance-chaser law-firms you see on TV always advertising (bragging almost) about how they can sue damn near anyone for damn near anything. Don't know how these people sleep at night...
The same way Warren Buffet and other dictators sleep at night.

The language in the case is ridiculous. Akin to "he slammed into me and my neck and back are destroyed, my life ruined, I'm totally crippled, haven't been able to work or enjoy life, etc, etc, etc..." The whole 9 yards of total BS and lying. The document also states the accident happened at 8am, but it happened at ~2pm.
He's already called his insurance company (USAA) and has faxed and mailed all the details they requested to them. They told him they'd handle it and if they need anything they'll reach out to him. She, unfortunately, might have a witness (a friend of hers) who was behind my dad when this happened and I'm sure is willing to lie for her con-artist friend.

I have a feeling this lady has prior (or maybe later) medical issues (like degenerative disk disease or something, for example) and is fraudulently blaming all her issues on the accident and trying to use this lawsuit as a lottery ticket.

How do these cases usually go? My father is 80 years old, has suffered strokes in the past, and is very stressed out about this. He's literally thinking of the worst case scenario(s), saying "if she were to win this case I'd lose everything, have to sell the house, and I'd be living on the street." I'm just trying to get any advice I can so that I can ease his mind and help him. Also, is counter-suing in this an option? He shouldn't be under this kind of stress, especially from something fraudulent--it could cause another stroke and kill him.
If the insurance company says “they’d handle it”, you are fine. As long as the cover the amount being sued for, your dad has nothing to worry about.

You think insurance gives 75K to a woman because she is a good actress? They want doctors notes, independent verifications, police reports, photos, work notes, and who she slept with last week.

I went through something similar 6 years ago. Got sued for $20,000,000 with crazy amount with crazy language in the lawsuit. I was worried we would have to sell everything too.

Got settled for $240,000 split between 3 insurance companies.
 

Billtx49

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So 2y9m after my dad had an extremely minor accident (from his story--I was not there), he received a letter/legal document saying he is being sued for "a minimum of 75k" in "damages". There was also already an insurance claim for this back when it originally happened and the lady got $3500 or so and had her entire bumper replaced (she was in an SUV like a honda pilot and my dad was in a sedan).

He was apparently behind this lady at a stop sign, she started to go, then slammed on her brakes and he hit her back bumper at less than 5mph. He tells me she was up standing and walking around the entire time waiting for the police and an ambulance was not called/used at all. I've heard the "soft tissue injuries can takes weeks or months to manifest" argument, but this seems pretty obviously fraudulent to me considering how minor the accident was and how late she is suing (3 months before statute of limitations), as well as the fact that she is using one of those infomercial, ambulance-chaser law-firms you see on TV always advertising (bragging almost) about how they can sue damn near anyone for damn near anything. Don't know how these people sleep at night...

The language in the case is ridiculous. Akin to "he slammed into me and my neck and back are destroyed, my life ruined, I'm totally crippled, haven't been able to work or enjoy life, etc, etc, etc..." The whole 9 yards of total BS and lying. The document also states the accident happened at 8am, but it happened at ~2pm.
He's already called his insurance company (USAA) and has faxed and mailed all the details they requested to them. They told him they'd handle it and if they need anything they'll reach out to him. She, unfortunately, might have a witness (a friend of hers) who was behind my dad when this happened and I'm sure is willing to lie for her con-artist friend.

I have a feeling this lady has prior (or maybe later) medical issues (like degenerative disk disease or something, for example) and is fraudulently blaming all her issues on the accident and trying to use this lawsuit as a lottery ticket.

How do these cases usually go? My father is 80 years old, has suffered strokes in the past, and is very stressed out about this. He's literally thinking of the worst case scenario(s), saying "if she were to win this case I'd lose everything, have to sell the house, and I'd be living on the street." I'm just trying to get any advice I can so that I can ease his mind and help him. Also, is counter-suing in this an option? He shouldn't be under this kind of stress, especially from something fraudulent--it could cause another stroke and kill him.
Not a legal here, but yes rear end accidents are famous for neck and back claims, But given the amount of time thats past and only a vehicle claim filed, it’s doubtful they can prove her condition was due to that accident and the burden of proof is on them…
Plus I believe that when a claim is settled, the claimant signs a statement that said claim is satisfied in full and there are no more to be filed.
If she had an ongoing medical issue or not, her full medical records history should be subpoenaed or responded to with that intention by your fathers attorney before it goes to trial phase.
 
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