help- someone is trying to sue me

[canyouhearmatt 10+ year member]

Ok here is the story. I got in a car accident saturday after a vehicle tried running me off the road. Me and my friend sustained minimal injuries. Now here wat is weird. His dad told me his insurance company was suing mine because his son needed physical therapy on his elbow. which to me only had minor glass fragments and he was moving it fine while he was around me. Now SC law is that each occupant in a vehicle is responsible for themselves while they are in a vehicle without a seatbelt. now as far as his seatbelts go he wasnt wearing his and sustained an injury, would that be his fault? being the cop that showed up wrote him a ticket for not having it. Also on my accident report it says the vehicle crash was not my fault but due to an unknown vehicle. Doesnt sound like they have much against me. once these thoughts raced through my head i wanted to confront him but i did not get into it with his dad. Am i right and if they try suing wouldnt it cost them more money than what it is worth. I cant really counter claim since i was the driver but with the accident not faulting on me and with him not wearing his seatbelt, the damage could have been avoided to him if he was wearing it. Just let me know if im wrong or AMIRITE!!!!!

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[Supergumby5000 5,000+ posts]

Ok here is the story. I got in a car accident saturday after a vehicle tried running me off the road. Me and my friend sustained minimal injuries. Now here wat is weird. His dad told me his insurance company was suing mine because his son needed physical therapy on his elbow. which to me only had minor glass fragments and he was moving it fine around me. Now SC law is each occupant is responsible for themselves as far as seatbelts go and if he wasnt wearing his and sustained an injury, that is his fault, being the cop that showed up wrote him a ticket for not having it. Also on my accident report it says the vehicle crash was not my fault but due to an unknown vehicle. Doesnt sound like they have much against me once these thought raced through my head but i did not get into with it with his dad. Am i right and they will be screwed. I can really counter claim since i was the driver but with the accident not faulting on me and with him not wearing his seatbelt, the damage could have been avoided to him if he was wearing it. Just let me know if im wrong or AMIRITE!!!!!

Now i dont know shit about your state, but if this "his" you are referring to is YOUR passenger in YOUR car, in Washington state YOU would be ****ed.

 

[canyouhearmatt 10+ year member]

yes his is the passenger in my car. In SC they have a new law where passengers are responsible for their own seatbelts. Meaning if i had mine on and his wasnt ...i wouldnt of gotten a seatbelt fine and only he would have.

 

[Supergumby5000 5,000+ posts]

yes his is the passenger in my car. In SC they have a new law where passengers are responsible for their own seatbelts. Meaning if i had mine on and his wasnt ...i wouldnt of gotten a seatbelt fine and only he would have.

well, i cant help then because thats totally different from WA law. If a passenger doesnt have a seatbelt on, the driver gets the ticket.

 

[canyouhearmatt 10+ year member]

yup.

so i might be in the clear man and that dude doesnt know his shit.

someone with the same kind of laws please help. i dont need any more shit on my plate being my truck just got totaled. and i know it wasnt my fault because my insurance company called and said my deductable was cut in half because the accident wasnt my fault.

 

[RCobra07 10+ year member]

Dude, I would not be posting this stuff on a message board. This could come back to bite you.

FWIW, in Florida, tickets are not admissible in court, so using that as a defense is not good.

Insurance comps sue ins comps every day, if the guy is coming after you personally, it probably means either your ins comp has rejected what he is demanding and/or your coverage is not enough to cover his demand. Your ins comp should prob be required to represent you though.

I def wouldn't leave this stuff posted up on a public msg board though.

 

[DonH 5,000+ posts]

your car your responsibility... also get a new friend lol

 

[Supergumby5000 5,000+ posts]

Dude, I would not be posting this stuff on a message board. This could come back to bite you.
FWIW, in Florida, tickets are not admissible in court, so using that as a defense is not good.

Insurance comps sue ins comps every day, if the guy is coming after you personally, it probably means either your ins comp has rejected what he is demanding and/or your coverage is not enough to cover his demand. Your ins comp should prob be required to represent you though.

I def wouldn't leave this stuff posted up on a public msg board though.

can you read?

he hasnt posted anything incriminating whatsoever. no names, nothing.

He's fine.

as for this guy coming to you about sueing, like that dude said, its probably because his insurance isnt paying for the damages. As long as your state law DOES say that the passenger is responsible for his own seatbelt, and he wasnt wearing it, then its his own fault IF the damage his body recieved was because of not wearing a seatbelt.

if he can prove his arm would have been messed up regardless of the seatbelt, then i'de be worried

 

[canyouhearmatt 10+ year member]

ok im trying to coax him out of it and if it like that i will report myself and have this thread removed.

its bullshit because he wants my ins. comp. to cut him a check that will be there for him when my friend his older. that shit aint gonna fly for an accident that aint my fault and in SC its not my fault when the passenger doesnt wear his belt.

All he wants is $$$ cus his dad is an ***.

 

[canyouhearmatt 10+ year member]

the damage to his elbow was from the windshield, which he wouldnt have hit if he had his belt on, just like my head that hit as well by not having a belt on. so ya. occupants responsible for themselves in SC. anyone else agrree?

 

[canyouhearmatt 10+ year member]

not at fault for accident. not at fault for him not wearing seatbelt. i dont think they have a case.

 

[Supergumby5000 5,000+ posts]

was ANYONE declared at fault?

if not, he's most likely screwed

 

[RCobra07 10+ year member]

can you read?
he hasnt posted anything incriminating whatsoever. no names, nothing.

He's fine.

as for this guy coming to you about sueing, like that dude said, its probably because his insurance isnt paying for the damages. As long as your state law DOES say that the passenger is responsible for his own seatbelt, and he wasnt wearing it, then its his own fault IF the damage his body recieved was because of not wearing a seatbelt.

if he can prove his arm would have been messed up regardless of the seatbelt, then i'de be worried

Sure I can read. Are you naive? OP has his location, age, and details of the accident posted up...you think people couldn't figure that out? Think his buddy doesn't know he's into car audio?

I have been through a big accident related case, having said that, I wouldn't be posting up jack about it.

 

[Louisiana_CRX 5,000+ posts]

it sounds like someone is trying to get something for nothing or either your friend is a total wus...I've beenin numerous wrecks...auto's...atv's...boats ect and I haven't ever needed therapy...hell from one of my wrecks i was still pulling glass out of me over a week later....

 

[audioatg 10+ year member]

not at fault for accident. not at fault for him not wearing seatbelt. i dont think they have a case.

Shoot in jersey thats still insurance points against you. But hey jersey is jersey. F-ed up laws. Anyways. I think in NJ and DE. I know for sure in DE its the same laws. If he is not wearing a seat belt its his fault and is ticketed for not having it on and you get nothing. Also you said he was moving it fine and all. Do you have anyone else that can say the same. If so start getting statements from them.

At this point its not worth it for him to sue you. Are you rich make lots and lots of money. If not I wouldnt worry about it. Most of the time a judge would not side with him. I say that because I had some one try to sue me in the past. Problem was they waited to the last month to do it. In NJ and I think DE you have three years to sue some one for an accident. They waited to the very last month. And then was saying all kinds of stuff about how they couldnt do this and that. *** too. Whatever you can think of. Didnt work for them at all. Court seen right through there crap. And plus I had pictures and quotes from other ppl watching the dude playing basketball and skipping out of classes. Also he was in my car as well. And did not have a seat belt on as well.