I was in a car accident 5/17/01. The lady turned left in front of me.
I admitted to doing 50 (in a 35) but also stated that when the car in front of her had turned I pulled my foot off the gas and onto my clutch and covered my brake as I was unsure she what she was going to do. She came to a complete stop. I lifted off the clutch but did not gas it as she turned in front of me.... mind you from a complete stop.
My Fiero was totalled, her brand new off the lot Volvo was totalled on the passenger side.
She refused to get out of her car to see if I needed help.
She had to have the cell phone ripped out of her hand by a witness to get an ambulance on the scene. (If she had come to me after the accident her and I would have worked a deal for me to get a new Fiero and we would have been done.
She was cited by the police for failure to yeild the right of way. I was NOT in anyway cited.
Today, 3 years later her insurance company is fighting me and she is counter suing saying it was my fault because I was speeding.
All I have ever asked for was my med bills ($6,000+) and lawyer paid and that I recieve a Fiero in return. (Hell, I lost my job as a manager of a c-store because of the accident and inability to stand for any length of time, but am not asking for lost wages.) I have some back and hip problems and an occasional headache, but overall am the same as I was before. Although I drive the speed limit now.
I didn't claim whiplash or find some ambulance chasing lawyer with a hack Dr. I went to the best, because I figured it would look good that I did.
Overall, my lawsuit is for $25,000 and compared to other suits that is nothing (esp. when her ins. comp has spent 3 years worth of lawyers on this.) She is counter suing me for $500,000, saying I screwed up her left leg and psychologically damaged her because I yelled up at her car (which was about 50 yards from mine in someone's front yard all I yelled up was why did she turn.).
The best part is MY insurance company is trying to say they don't have to pay if she wins because I admitted I was speeding. YET the police report, states speed was not a factor. Eyewitness reports filed with the police claim she came to a complete stop and then just went in front of me.
Amazing isn't it?
Next week, I finally meet her face to face as we meet at my atty's office for depositions.
So there is no insurance panacea, hell there isn't even justice, because as I have seen the one with the most money wins..... well has so far.
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I just love people who use the excuse "I use/do this because I LOVE the feeling/joy/happiness it brings me" and expect you to be ok with that as you watch them destroy their life blindly following. My response is, "I like to put forks in an eletrical socket, just LOVE that feeling, can't ever get enough of it, so will you let me put this copper fork in that electric socket?"
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