Help im being sued!!!?

by admin on January 19, 2011

I have recently received a civil summons from court stating im being sued for a large amount of money. I was involved in a motor vehicle accident were my passanger was hurt. She is in turn sueying me not the insurance company. She was not wearing a seat belt. I was and didnt sustain any injuries. In the claim she is saying she suffered major damages, lost her job (which she wasnt working at the time anyway) and will need futher medical treatment. I know for a fact she never went to any therapy or even wore a neck brace for any injuries. I also know for a fact she didnt have a job at the time of the accident. Her sister works for the same lawyer who is suing me. My question is doesnt she have to prove the injuries and loss of job/wages to the court in order to have a cause and set damages. Its over 15,000 dollars including legal fees. I am going to go see my own personal lawyer to fight against this on monday but wanted to know if theres anything i can do. If there are falsified documents in this case and it comes to light what happens to the case after?

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    { 5 comments… read them below or add one }

    my underwear January 19, 2011 at 11:33 pm

    Yeah, it’ll all come out in court. She should be suing your insurance company and can add them to the claim at a later date. All the truth you have said will come to light. Do not lose an sleep over it. It has already happened and since she;s suing, it’s up to the court to sort it all out (unless she drops her claim, or you two settle – thru your attorneys). You need an attorney.

    This is not legal advice. I am not a lawyer, just a sympathetic ear.

    Victoria January 19, 2011 at 11:33 pm

    Well first off you should counter sue her for court charges and falsifying documents will not go lightly with any judge so in turn she will more than liklikelyt fined. Your lawyer will advise you with what documents you should have alone with any witnesses.

    Suzie Q January 19, 2011 at 11:33 pm

    Since she is suing you, she will have the burden of proof, meaning she will have to prove everything. First of all, she will be medically examined and the doctors will decide how badly injured she is or not. Also, since she wasn’t wearing a seatbelt (and if it is state law to wear a seat belt), that is contributory negligence, however you are responsible for passengers in your vehicle. Just go to your attorney, and they should be able to handle everything.

    SCOTT M January 19, 2011 at 11:33 pm

    Of course your passenger is suing you. She has no claim against your insurance company. Your insurance company simply steps into your shoes to resolve a suit against you.

    If there are falsified documents in the case when/if it goes to trial, the judge may throw the case out and cite the falsifier for obstruction of justice, perjury and/or contempt.

    Let your insurance company handle this. They do this every day and know the ropes. I am being sued for $1.5 million for an automobile accident. My insurance company offered to settle for $55,000 because the claims representative says some of the injuries the plaintiff suffered may have pre-dated the accident and are not really too serious.

    njyogibear January 19, 2011 at 11:33 pm

    i hope you have car insurance b/c the insurance company is supposed to sort out situations like this. you should tell your ins. company about the summons.

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