Liability Suit
 

I was thinking the other day, and I wish that one day I would get into a non-life threatening car wreck where it's someone else's fault and I break my leg/arm or something. I would sue the shit out of that person and get like mad money. Or like taking a fall at Walmart on the recently mopped floor, and suing them bigtime.

I may hurt for a little bit, but I'll be big spending forever after. And it's not individual people, it's their insurance companies.

Thoughts on this?

I have a couple of things to mention. First, make sure you have enough non biased witnesses to make a case. Also keep in mind that the person in the car wreck could be poor, and you won't be able to pry much money out of them. Big corporations like Walmart are another story. They can afford better lawyers. Be ready for that. Try to get the case tried in a state known for its abuse of lawsuits, like say, Illinois. I'm assuming you live in the USA. If not, you may have to get the case tried where the "accident" happened.

Get hurt, sue, never have to work again.

Welcome to the new American Dream.

A lot of people seem to think they can win the lottery too.

sorry... but it's WRONG.

you just want to hit the lottery. I pay for that, I pay for insurance premiums as does EVERYONE else. I will not let YOU or anyone else sponge off of my and my back while I'm working hard to make a better life for me.

just like the rest of the lazy bastards out there, scheming on how to "get paid" so that they don't have to do anything else. I will say that in order to get large settlements you cannot be able to work, you need to see doctors ALL the time, you have to see insurance doctors to verify the lawyer doctors. You have lots of hoops to jump through. I have a friend (no longer a friend mind you) who faked his own death and his wife collected the insurance money. He was found and convicted of insurance fraud. He's now in jail, worth the US$1,000,000? He even got time on 60 minutes.

I got hurt in a non life threatening accident recently. I got run over on my motorcycle (I think that counts as life threatening.)

Total insurance pay outs? Less than US$20,000. How much did I see of that money $7,000 from the motor cycle accident, and the recent auto one is still being settled. I'll probably only get $2,000 out of it. Accident before that one where I was scammed by stop and squat so that I rear ended them at low speed? They all went to jail after I testified that it is exactly what they did on a deserted highway and all 4 occupants ran up medical bills in excess of US$100,000.

If I see you abusing the system, I'll call you on it. I'm tired of paying extra for lazy bastards thinking that it hurts no one. My isurance premiums reflect who it's hurting, me and my wife. My food bills, medical bills, etc, all reflect who it's hurting, me and my wife.

Where do you think the insurance companies get the money to keep paying out these claims? One guess. Our LARGE premiums.

Yep, us lawsuit happy Americans. Oh well, as long as you got yours.

Getting in an "accident" on purpose in order to collect premiums-BAD.
Getting involved in an accident involuntarily and suing the SHIT out of the responsible party-AWESOME.

Do that and I will have to put you on my "stupid people because of their frivolous, take advantage of the system lawsuit" list.

Nearly 4 years ago I was in a car wreck. Boyfriend at the time fell asleep at the wheel. Could I have sued him and his insurance company? Sure could. Some of my friends/family said I should have. He wasn't supposed to be driving because of a medical condition. I didn't know this....

I spent 5 days in the hospital. I have plates and screws and other such metal opjects holding together my left arm and left ankle.

As it is I got $50,000 through no fault insurance. Which was nice.... No more school loan payments for me! But theres no way I could have sued somebody who at the time I loved. No matter how much of an asshole he turned out to be. Knowing what I know now I still wouldn't have sued him. And believe me, if anyone deserved to be sued, it's him.

There are uses for lawsuits. This is not one of them. To me it's just a copout and completely wrong.
"Something crappy just happened to me. I'm going to turn it around to my advantage" Shit happens. Deal with it and move on. Most of all don't try to cause the shit to happen so you may benefit from it. Then you deserve whatever happens. Hopefully, jail time.
Damn it! This subject pisses me off.

Walmart never settles. (nor do they like to pay their attorneys, even when they win!) Surely you were just posting this to rant, or generate discussion, or something, and not actually considering it. If you are, be aware that the only way to get big medical bills is through medical treatment, and even if chiropracters have a deal with the local plaintiff's attorney, it doesn't mean that you'll see any of it. There are far quicker, more efficient, and less risky ways of making money.

If you are actually considering this, I actually (well, kinda, not really) hope you pick the wrong car to get hit by. One with a minimum policy of $20,000 that won't come close to covering legitimate injuries, and then the hospital that treats you puts a lien on any recovery. Since this lien is greater than the policy limit, so no attorney will take your case. Even if the other guy's insurance decides not to fight it and even if somehow you can convince the hospital to reduce its lien, the hospital will still take up all the proceeds of the other guy's insurance policy, leaving you with nothing but uncompensated pain and suffering and lost wages.
So don't try it.

People deserve some money for pain and suffering, get the car fixed or replaced, and time off work. After that amount you just start screwing over everyone else.

...correct me if i'm wrong, but isn't that illegal?

Yes. That's one of the reasons it's "BAD".

I bet I pay more car insurance than any of you.

Bad Idea. I really believe that what goes around, comes around.

Don't speed and get into so many accidents?

and to think, we just had a big debate about ethics in my English class today.

It's really hard to get in an accident that's "the other person's fault" these days. If both people have collision insurance, then it doesn't matter *at all.* Both people's car insurance goes up, and both people get a new car if they're totalled. Causing a wreck simply ruins the person wrecking and the person receiving the hit.

You learn all kinds of interesting facts when living with a family in the automobile repair business. If you're going through a green light, and a person pulls out in front of you even though you had the right-of-way and hit them, then it's your fault because you didn't stop. I shit you not, that's how insurance companies work.

If a person runs a redlight and you go when it's green and hit them, it's your "fault" because you didn't slow down for them to get through the light.

There really isn't "faults" in automobile accidents anymore -- it's simply having your insurance raised and getting another car. If you wanna cause a wreck, go ahead, but there's not a good chance of it not being "your fault." In car accidents, both parties get the shit end of the stick with the insurance companies reaping the benefit.

-Lasereth

---and if your lucky enough to be down here in the valley when you get hit there is a 56% chance that the other guy does not have mandatory insurance. ---of coarse he cna't speak english to tell you that either....more than likely has Mexican lisence plates and will make a run for the border....

BUT is you hit them---they are sue crazy down here..

I think you have a better chance at playing russian roullete with a 12 ga. pump gun....:D

Enough to cover the millions of dollars you want from this lawsuit?

Don't whine about insurance, get a safer, more reliable car.

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.

Well, I've never gotten a ticket/accident before my last insurance bill. , and thats what iwas referencing.

Although I did get a 70 in a 35 amonth ago (first ticket) ..dont know how much my insurance will go up....

That's cause you're 18 and driving a Lexus :rolleyes:

Holy crap, last time I checked, that's wreckless driving which is an arrestable offense.

Back in 1999, I was in an accident where it was the other driver's fault and suffered a whiplash injury. Could I have sued? Yes. Did I? No. She was 16 years old and just got her lisence. She was probably traumatized by the event as it was. So I just settled for the compensation that her insurance company offered up front.

7 weeks ago, I was crossing the street in San Francisco, on a crosswalk, with a walk sign. Was early in the morning and I was rushing to get home for a work conference call. Some gentleman was turning left, didnt see me because of oncoming traffic, and drove straight into me. I was knocked over, hit my head, and am fairly fuzzy about the facts for a few minutes. I know that I came to on the sidewalk being helped by the SFPD, and they were talking to the driver. He was not cited.

Being confused and all, I turned down the offer of a ambulance - had to get home for my call - so after giving the cops my information, went upstairs and did the call. After the call (apparantly I was coherent) I realized that I could not stand on my left leg and one of my teeth had been broken. I took a taxi to the hospital.

Ten hours in the ER later it's determined that I have torn ligaments in my left knee and will require surgery to repair them, but only after three months of physical therapy to get strong enough for the surgery. Right now I'm gimping around SF in a leg brace and with a cane.

I had just started a new job, and was not yet covered by health insurance. The guy who hit me had good insurance. My medical bills are going to top $20,000 after the surgery, rehab and everything.

Yes I've got a lawyer involved! Hell, yes! There's no way I'm going to negotiate with the insurance company myself when I'm dealing with rehab, a new job andother stresses, and unless I get a good settlement, then these medical bills will bankrupt me.

Personal injury cases are not always wrong. Believe me.

<I>edited for spelling</i>

NO they are not always wrong.
Asking for 500k because you slipping in a McDonalds is wrong.
Asking for medical bills when being hit by a car, right.
(and maybe damages amounting to you possible wages during the time you are incapacitated (1 month 2-3k)

Who said they are always wrong? This jist of this thread is more about the frivilous ones IMHO. It is a usefull tool but it is being taken advantage of. How to fix this problem, I do not know.

Apparently, they don't teach ethics in school anymore.

did they ever? I thought you learned that in sports and competitive type things.

Ethics? What's that? -j/k

I dunno...we were tought it in my school, but that was years ago and not in the states.

All I would have to say about that is that I would sue to teach someone a lesson... particullarly that they are stupid. But then what happens if that person who hits you doesn't have insurance... you'll sue them? I don't know if I could sue them for a mad amount of money at that. Maybe tell them to pay for my bills... bring them to court and figure out what kind of money they have to give to me and so they won't go into poverty becuase then I don't want to be paying for them while they are getting their wellfare checks. No thank you.

As many others have said, it's wrong...so very wrong.

It's sad the amount of fraud that happens...here's what one of my friends dad does..

He makes about $30,000 a year doing nothing (I know thats not alot comparing it to a good job but he doesn't do shit)
He pretty much scammed social security saying he has a bad back...
But here is the killer, I seen him do the following, throw hail bails, move a piano and a huge solid oak wooden church pew. If I ever got in an accident that involved insurance companies I would settle for just for compensation of some sort to get me back on my feet. Today it's just if you have a better lawyer or not. It sickens me :( Also I'm totally agreeing with cynthetiq.....you leech off an insurance companies and it screws the rest of us over. Yes insurance companies are very rich.....but having people do stupid lawsuits gives them a reason to hike up rates.....

insurance companies are not stupid. they will follow you.. and they will video tape you. and they will prosecute when they see fraud.

they give you just enough rope to hang yourself, and then a little more to make sure that you have no recourse but to go to jail.

fuck that lazy bastard, hell send me his address I'll video tape him myself and submit it to the proper authorities.

That's probably a good thing.

It actually happened to my brother in law. He was hit by a car on his bike and he got some money out of it. He has to have periodic surgery on his knee for the rest of his life and got some 60K for it about 10 years ago.

He doesn't think that he got a bargain. There are certain things that he just can't do. But the money did make a nice down payment on his house.