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  1. #1

    Default Sued by Occupant of a Car I Rear-Ended

    My question involves an injury that occurred in the state of: Pennsylvania

    Hey all,

    I posted a few months ago about an accident that occurred on Feb 17th 2011. I rear ended a stopped car making a left hand turn in a two lane street. That car then hit the front car. Both the other cars and drivers were well enough to leave the scene visibly unaffected.

    On Feb 11th 2013 I received notice that I a lawsuit was filed against me, my dad (since I am covered by his insurance) and the middle driver. The claim was filed by the driver and his wife.

    I have a few questions.

    1. Why is his wife suing? She was not in the car or involved in the accident. Is it because her name is on the insurance as well, so it is included just by that reason?

    2. Why are they suing the middle driver? Also, could the middle driver in turn sue me?

    Thanks everyone so much! Any answers would be appreciated. I know I don't have many details yet as we don't know the actual claims.

  2. #2
    Join Date
    Jan 2006
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    38,534

    Default Re: Rear Ended and Being Sued

    1. Why is his wife suing? She was not in the car or involved in the accident. Is it because her name is on the insurance as well, so it is included just by that reason?
    because she may have been damaged. An example would be: loss of consortium (you can google that)

    2. Why are they suing the middle driver? Also, could the middle driver in turn sue me?
    because you sue everybody that might be liable and yes, the middle driver could sue you.

  3. #3
    Join Date
    Mar 2013
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    16,869

    Default Re: Rear Ended and Being Sued

    Quote Quoting wednesdaydilemma
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    I posted a few months ago about an accident that occurred on Feb 17th 2011. On Feb 11th 2013 I received notice that I a lawsuit was filed against me, my dad (since I am covered by his insurance) and the middle driver.
    Wow. They got in right under the wire. The statute of limitations is 2 years for an injury lawsuit in PA.

    Quote Quoting wednesdaydilemma
    View Post
    could the middle driver in turn sue me?
    The statute of limitations has already passed for the middle driver to sue you. Since he hasn't sued you yet, it's possible that he already accepted a settlement from your insurance company a long time ago.

    It's likely that his insurance company attorney will be able to get him relieved from liability eventually.

    If you are interested in getting an education about how lawsuits work, look up the case file at your county courthouse and read copies of your Answer and the middle driver's Answer and any other pleadings that might be filed.

  4. #4
    Join Date
    Jan 2006
    Posts
    38,534

    Default Re: Rear Ended and Being Sued

    The statute of limitations has already passed for the middle driver to sue you. Since he hasn't sued you yet, it's possible that he already accepted a settlement from your insurance company a long time ago.
    yes, I missed that.

  5. #5

    Default Re: Rear Ended and Being Sued

    Well that's good news that the middle driver can't sue me. And yes, they waited till the 11th hour to file. The claim was filed on Feb 7th 2013 and the accident happened Feb 17th 2011.

    I know it's a waiting game to find out what the claims are so thanks everyone for your help!

    Now, I know this next question most likely falls under the "we don't have a working crystal ball" answer genre, so forgive me for asking but

    After an accident where the driver and his car were able to leave the scene visibly unscathed, is it possible that their claim is bogus? Or is it possible this guy suffered a two year long whip lash injury that was so unbearable that his wife is emotionally damaged as well?

    Again, I understand that is a purely speculative question, I'm just wondering, from experience what people think.

  6. #6
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    Mar 2013
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    Default Re: Rear Ended and Being Sued

    Quote Quoting jk
    View Post
    yes, I missed that.
    It happens. To me, too. You've made some points on other posts that I missed.



    - - - Updated - - -

    Quote Quoting wednesdaydilemma
    View Post
    After an accident where the driver and his car were able to leave the scene visibly unscathed, is it possible that their claim is bogus? Or is it possible this guy suffered a two year long whip lash injury that was so unbearable that his wife is emotionally damaged as well?
    Whiplash injuries from being rear ended can often take a few days to manifest themselves.

    It might be that the claimant's attorney spent the better part of the last two years trying to gouge the insurance company without success and figured he and his client had nothing to lose by filing suit. Attorneys know that insurance company's have to figure in the cost of defense along with the cost of the claim.

    That the wife is emotionally damaged is probably baloney but attorneys routinely throw that in to sweeten the pot, knowing that the insurance company will pay her some go-away money to get her signature on a release.

    So, the speculative answer is: Maybe it's all bogus, maybe it's not.

  7. #7

    Default Re: Rear Ended and Being Sued

    haha, I know, I could've told myself that but hearing it from someone else always helps. I know it's just a waiting game to see what they're claiming and how much.

    Thanks so much everyone!

  8. #8

    Default Re: Rear Ended and Being Sued

    Hey everyone, thanks again for all those who are helping me out here on this board!

    I just received interrogation questions via mail that I need to answer regarding the accident. I have a few questions,

    1. What are these questions for? From my understanding this is the discovery process. Most of the questions were regarding the accident itself. It all seems pretty redundant as I was ticketed by the police at the scene for having rear ended the person in front of me so...I'm not sure from my end at least what's more to figure out. I hit the guy in front of me...there isn't too many ways to hash that out. This is going to sound silly but...is it possible to be found more at fault? Does that even make sense or am I just paranoid?

    2. When will I find out what the other guy is even claiming? And, do my answers to these questions effect how much they ask for? Let's say (which this is NOT what happened I promise) I say in my answers to the interrogation questions that I was texting and driving which caused me to hit him, will that allow him to ask for more money? Or maybe the speed in which I was driving? Do these factor into how much he is able to claim or is it more so on the actual injuries he sustained versus the accident itself.

    Again, thanks so much everyone!

  9. #9

    Default Re: Rear Ended and Being Sued

    Hi again everyone. The fun just continues in this saga unfortunately.

    I have a few questions. We got some papers from my lawyers, basically just having us sign that we agree to deny all charges. There is also a "New Matter Addressed to the Plaintiffs" or the couple who is suing me.

    One says that the "Plaintiff is barred in whole or in part by a signed waiver of a right to sue through Act 6 Amendment of the Vehicle Responsibility Law."

    Another says, "Plaintiffs claims are barred in whole or in part by his or her election for limited tort option or in the alternative by operation of law and he/she is deemed to have elected limited tort option"

    Next "Plaintiff's claims are barred in whole or in part by the applicable statue of limitations"

    Finally "Plaintiff's claims are barred in whole or in part by the provisions of the Pennsylvania Workers Compensation Act"

    whew, that was a lot. Anyway, it looks like that is what my lawyer was able to throw back at them in terms of a...defense I guess.

    I have a few questions if anyone is able to offer advise based off of knowledge of the matter or from personal experience.

    1. How...definite are my lawyers counter-claims. As in, since he signed a waiver for the right to sue, has limited tort insurance and barred in whole or in part by applicable statue of limitations...does that severely limit what he is able to sue for?

    Again, thank you all so much! You're a big help!

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