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Lawyer question.

Posted on 1/11/18 at 7:02 am
Posted by ElleshooTGR
Red Stick
Member since Sep 2007
2848 posts
Posted on 1/11/18 at 7:02 am
About a year ago my wife rear ended someone. She was at a standstill and accidentally let off the brake and bumped into the person in from of her. No damage was done to either vehicle. Today we get served papers notifying us that were being sued. They used words like catastrophic crash, violent crash, etc... What do I need to do next and advice would be helpful.
Posted by nes2010
Member since Jun 2014
6763 posts
Posted on 1/11/18 at 7:03 am to
Hire a lawyer.
Posted by airportwhiskey
Baton Rouge
Member since Mar 2014
691 posts
Posted on 1/11/18 at 7:05 am to
Notify your insurance company. They will retain an attorney on your behalf.
Posted by jbgleason
Bailed out of BTR to God's Country
Member since Mar 2012
18911 posts
Posted on 1/11/18 at 7:06 am to
Just let your insurance handle it. They will give the cheating scumbag some money to go away. The lawyers will all get paid and your rates will skyrocket for eternity to pay for it.

ETA. I was sued in a completely frivolous lawsuit where I did nothing wrong. They wanted to pay the other party any way because that is “just want they do in LA.” I insisted they fight it and we went to court and won a summary judgement including the other party being assigned all the lawyers fees and court costs. My insurance still went up. It’s a fricking racket.
This post was edited on 1/11/18 at 7:09 am
Posted by TulaneFan
Slidell, LA
Member since Jan 2008
14037 posts
Posted on 1/11/18 at 7:07 am to
Put the Womack on em
Posted by Barbellthor
Columbia
Member since Aug 2015
8636 posts
Posted on 1/11/18 at 7:14 am to
Hire a lawyer.
Posted by tigerpimpbot
Chairman of the Pool Board
Member since Nov 2011
66948 posts
Posted on 1/11/18 at 7:16 am to
Forward the lawsuit papers to your insurance carrier asap. They will pay for your attorney to defend you.
This post was edited on 1/11/18 at 7:17 am
Posted by 10MTNTiger
Banks of the Guadalupe
Member since Sep 2012
4139 posts
Posted on 1/11/18 at 7:26 am to
You got 30 days to answer, don't wait around or you might get another letter in the mail that will be worse.
Posted by The Mick
Member since Oct 2010
43143 posts
Posted on 1/11/18 at 7:28 am to
Did you take pics of the accident? (showing little to no damage)
Posted by BamaCoaster
God's Gulf
Member since Apr 2016
5279 posts
Posted on 1/11/18 at 7:29 am to
Not to derail the thread, but I'm an insurance agent who writes in multiple states and LA rates are stupid high.
Someone could run for governor on tort reform and get the vote of the people. That could literally be their only campaign issue.

On a similar note, same thing happened to a client of mine. Small fender bender. Stopped, foot off brake, etc. Insurance carrier set aside $50k for settlement. This happened a year ago, and it still isn't settled.
Posted by SwampTrash
Member since May 2017
450 posts
Posted on 1/11/18 at 7:38 am to
quote:

wife rear ended someone


At least somebody didn't "rear end" your wife.
Posted by TigerGman
Center of the Universe
Member since Sep 2006
11223 posts
Posted on 1/11/18 at 7:39 am to
quote:

30 days to answer


Best you stick to not giving out bad legal advice.
Posted by TigerDog83
Member since Oct 2005
8274 posts
Posted on 1/11/18 at 7:46 am to
This happened to me about 4 or 5 years ago. A young girl with a starving attorney father ran into me. She came back several weeks later and daddy tried to sue for injuries and suffering. Luckily I had recorded video of her and a friend pushing her vehicle into a parking lot after the wreck because they were too cheap to pay for a wrecker. My insurance company got possession of that video and her injury claims were shot down pretty quickly. This industry is a complete racket in Louisiana and a key reason why our auto insurance rates are astronomical.
Posted by Mingo Was His NameO
Brooklyn
Member since Mar 2016
25455 posts
Posted on 1/11/18 at 7:53 am to
quote:

Someone could run for governor on tort reform and get the vote of the people. That could literally be their only campaign issue.


90% of people on Louisiana don't understand/know what that means. They'd lose because their platform was a real issue not some bs talking point that Cleetus can understand.
Posted by NIH
Member since Aug 2008
112675 posts
Posted on 1/11/18 at 7:58 am to
What kind of reform are you proposing?
Posted by mikelbr
Baton Rouge
Member since Apr 2008
47507 posts
Posted on 1/11/18 at 8:00 am to
quote:

Someone could run for governor on tort reform and get the vote of the people.


With all these lawyers down here, ain't nobody winning on tort reform in Louisiana.

Posted by mikelbr
Baton Rouge
Member since Apr 2008
47507 posts
Posted on 1/11/18 at 8:02 am to
quote:

What kind of reform are you proposing?


Basic premise is it puts limits on personal injury/malpractice suits and shite. Would also cover Toxic Torts(asbestos/meso/other environmental shite aka erin brockovich type shite etc).

Like Texas has it for example. $250k is max you can get for med malpractice. No more $10mil suits for ampertatin' the wrong foot.

Texas Tort Reform article

This post was edited on 1/11/18 at 8:04 am
Posted by celltech1981
Member since Jul 2014
8139 posts
Posted on 1/11/18 at 8:04 am to
I rear ended a guy on the 210 loop a long time ago. He had ran out of gas at night and stopped on the curve without his flashers on. I went to court and fought the careless operation ticket and won because the area was an emergency stopping only area and he was stopped due to his negligence. A year later we got papers because the fat bitch in his car was suing me and him. Even though I had done no wrong in the eyes of the law my insurance company settled and my rates went up.

Edit: the lawyer for the insurance company was boss as frick. I had to go give him a statement. She claimed that she was in the car. When I hit the car i looked over and saw her standing on the side of the bridge. She was claiming that she had gotten out as soon as I had hit. He claimed that due to her size (she was a huge bitch) and based on the pictures she couldn't have fit between the car and the bridge to get out when I hit
This post was edited on 1/11/18 at 9:36 am
Posted by NIH
Member since Aug 2008
112675 posts
Posted on 1/11/18 at 8:05 am to
Yeah, putting limits on auto accidents isn't going to work. Everyone loves playing tough on this subject until junior gets hit on the basin and then they ask the OT about which lawyer to hire.

Louisiana already has a cap on medical malpractice damages and it is incredibly hard to win those cases or get a significant settlement.
Posted by Adam4848
LA
Member since Apr 2006
18965 posts
Posted on 1/11/18 at 8:06 am to
Talk to your insurance they'll assign you an attorney on both your and their behalf.

Something similar happened to me years ago, during rush hour in stop and go traffic I bumped the person in front of me. We go to a parking lot, he files a police report, no damage to either vehicle, no ticket, no injuries. One year later I get a call that he has serious neck injuries and is suing for doctor visits.

You may have to make a recorded statement for your side of the story as well as a quick deposition between lawyers but that's mostly it.

The funny thing is the attorney on the other side asked to take pictures of my bumper a year later, like that makes any sense. In the deposition they take them out of the envelope and the quality was so bad they threw them in the garbage and said we can't do anything with this, they ended up settling. I think both parties know when it's a money grab.
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