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Too-Much-Coffee Mistress
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Yay.

Postby Too-Much-Coffee Mistress » Wed Sep 06, 2006 10:46 am

{X-posted from my LJ}

Got this in the mail this weekend. >.<



Dear ___________

This letter is to advise you that the plaintiff, _________ recently made a liability claim settlement demand of $250,000 which far exceeds the liability policy limits coverage of $100,000 that you have through your State Farm Auto Policy.

My current investigation does not reflect that you are substantially at fault for this loss and my evaluation would not reflect that an offer of your policy limits is warranted at this time since the law in Michigan is suppose dto bar all recovery of a substantially at fault, legally impaired / intoxicated plaintiff.

However, you do have the right to consult an attorney of your choice and at your expense to advise you in this matter. There is a great chance of litigation in this matter and your policy will also provide you with an attorney hired and compensated by State Farm at that time. If you have any questions, please call me.


For those that need a memory refresh, you might remember that I mentioned hitting a bicyclist with my car late last year (October, to be exact), breaking his leg. It was his fault, he admitted being intoxicated to the officers that arrived at the scene. The officers did not give me a citation of any kind.

So, what worries me are, well, a number of things.

1. While I am familiar enough with Michigan law regarding this (now) to know that the bit about intoxicated plaintiff's is true... I also know that whatever scummy ambulance chasers this guy has hired are not stupid and they know this, too. So either they have figured a way around it, or are going to try and scare me into giving up some gross amount.

2. I've seen stupider lawsuits happen, and succeed. Witness the hot coffee McDonalds thing, for one, among any number of equally worthless lawsuits that succeed anyway, much to the misery of the sued.

3. While it says that State Farm will cover the costs of my attorney, it doesn't say squat about other court fees. Which, obviously, would be a pittance next to a $150,000 settlement against me, but still would be likely something I can't afford right now. Not to mention whatever time off from work this requires.

*sigh*.
"The release of atom power has changed everything except our way of thinking...the solution to this problem lies in the heart of mankind. If only I had known, I should have become a watchmaker." - Albert Einstein

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dogmeat
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Postby dogmeat » Wed Sep 06, 2006 11:37 am

Lawsuits are stupid.

The guy was a fucking drunk!

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SporkAndrew
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Postby SporkAndrew » Wed Sep 06, 2006 12:16 pm

Oh man, the feeling of futility this would give me would be crippling..

Take it to court, argue that he was drunk and you weren't given a citation: pay court fees, lawyer fees, declare self bankrupt.

Just pay the settlement here, declare self bankrupt, live on street.

Is there some sort of citizen's advice over there? I know over here you can get a quick consultation with a lawyer for free..

:rotate:

Kauser
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Postby Kauser » Wed Sep 06, 2006 1:57 pm

1. They are trying to scare you


2. You are not a corporation, so I wouldn't be worried about that double standard


3. If I remember correctly, at least in MA, court fees are paid by the losing party, so long as you sue for it.
Do not call up what you cannot put down.

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Too-Much-Coffee Mistress
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Postby Too-Much-Coffee Mistress » Thu May 15, 2008 4:14 am

HAH HA HA HA HA!!!

JANINE 1, DRUNK DRUGGIE TRYING TO SUE ME 0!!!

The judge didn't even let it get to the jury. My attorney requested he render a verdict after the prosecution had used up all of its witnesses; 2 hours later, and I am finally free to talk shit about him :lol:

:D :D :D :D
"The release of atom power has changed everything except our way of thinking...the solution to this problem lies in the heart of mankind. If only I had known, I should have become a watchmaker." - Albert Einstein

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nobody_important
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Postby nobody_important » Thu May 15, 2008 7:03 am

Woohoo!! Best news of the week! Congratulations! Exclamation Points!!! ...!!!!
"I'm gonna name it after Nancy!" "What, Pushover?" "Yes! Because that's what she does!"

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SporkAndrew
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Postby SporkAndrew » Thu May 15, 2008 8:24 am

Wow, just under two years to work that one out, huh?

Congratulations!

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dogmeat
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Postby dogmeat » Thu May 15, 2008 8:48 am

Great stuff!

hobokenbob
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Postby hobokenbob » Thu May 15, 2008 1:48 pm

and now it's time to counter-sue him for pshychological distress!

j/k grats on having the system work right for once.
In fairness, we've been building 'ground zeros' near Iraqi mosques since March 2003.

Jason Mustian

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Too-Much-Coffee Mistress
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Postby Too-Much-Coffee Mistress » Fri May 16, 2008 8:37 am

SporkAndrew wrote:Wow, just under two years to work that one out, huh?

Congratulations!


WITNESS the grand speed and efficiency of our legal system! AMAZE yourself with red tape!

The best part of the trial was when my attorney was cross-examining Torres, otherwise known as Drunky McCrackhead. He handed Drunky a copy of his deposition from a few months previous, and then went through this litany of questions and just thoroughly tore the guy a new one.

My attorney: "Have you ever used, or been addicted to, crack cocaine?"

Drunky: "No."

My attorney: "Please turn to page __ of your deposition. On line __, I asked 'Question: Have you ever used, or been addicted to, crack cocaine? Answer: Yes'. Did I read that correctly?"

Drunky: "......... Yes."

And so it went. "Have you ever used speed or amphetamines? How did you lose your driver's license? Where were you on the day of the incident? Have you ever smoked marijuana?" etc. etc. etc. Just catching this guy in lie, after lie, after lie.

Not to mention that, at the hospital after the accident, his blood alcohol level was tested at .28, which he tried to claim was from drinking 3 22-oz. Miller's. One of our witnesses, who we didn't get a chance to use, was a professor from a local university who was going to show that it was freaking impossible to have a .28 blood alcohol level just from 3 22-oz. Miller beers. Apparently he also copped at the hospital to drinking a fifth of Jack Daniels almost every day.

In a civil suit, by Michigan law, the plantiff has to prove 50% or more responsibility for the accident (51% or more if the plantiff was intoxicated) on the defendant's (me) part.

After the prosecution had called all the witnesses they had (myself included; not as nerve-wracking an experience as I had thought it would be), my attorney asked for the judge to make a judgment then. He was reluctant to do so, not because he thought the prosecution had made a sufficient case, but because it was a question he thought was best left up to the jury.

After thinking about it over lunch though, he basically told the prosecution that, even taking away the fact that Torres was drunk off his ass, he still had no proof that I'd been speeding (which was the only thing that could have held against me, really, as you lose your right-of-way when you're speeding.) So, reluctantly, he ended the case and I got to smile and go home. :D

Talking to the jury afterwards, they told my attorney and me that they had pretty much already decided in my favor. So all is well.

One of my favorite bits is when Drunky was on the stand, trying to say how much he loved dancing, how he was a health nut and that's why he rode his bike so much (notwithstanding the 3 DUI's that cost him his license in the first place, natch). I mean, nevermind all the shit he apparently pumps into his body on a regular basis...
"The release of atom power has changed everything except our way of thinking...the solution to this problem lies in the heart of mankind. If only I had known, I should have become a watchmaker." - Albert Einstein


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