Lawsuit help
 

:confused: On September 30th of 2010, me and a couple buddies (4 in 2 trucks) finished playing golf and headed to Taco Bell on Lee Dr. We ate, left from Taco Bell, and turned left at a redlight after about 7-8 cars. Well, one car decides at the last minute to make a U-turn where there is no turnaround. Well, this causes everyone to go from 45-50 mph, to break to a dead stop or a slow crawl. We stop behind a crappy little Tacoma that Toyota used to make, still seeing some pavement. I happened to look in the side mirror and see headlights coming full force for the back of my buddy's truck, and I start to say "Oh S..." and boom! We got hit so hard that we got knocked into the Chinaman's Tacoma in front of us, my 7up was all over the dash, my hat and sunglasses flew off my head and into the backseat and our golfclubs were smashed. Well, the cops take about 30 minutes to show up and we all move (under orders from BRPD) from the road into the Winn Dixie/Cane's parking lot. It was Me and Colby, a Chinaman (Tacoma) who barely spoke English, the 22 year (smokin hot LSU student) old (Ford Expedition) who hit us who was texting when she hit us and 2 other people who got in a wreck because of our wreck. The cop takes all our statements and had sorted out who hit who first and what happened next. Well, we were then asked if we were all alright and everyone said yes even though me and Colby caught the full force and was a bit sore and I had to get on a plane in 12 hours and was feeling it when we touched down at SEATAC. Well as it turns out, me and Colby recieved notices today that WE were being sued by the Chinaman because a week later, he went to the hospital with "severe neck pain" and tried to claim that we hit him first and tried to run even though we were wedged in, and that the chick was a bonus accident. We barely touched his truck really and the only damage was his hitch got bent down and Colby's emblem popped off his Tundra on the grille to the front. After reading the report and having insurance companies from all 3 parties involved call me, do you guys think WE have anything to worry about? :confused:

The only thing I would worry about is what is the phone number to the hot LSU chick?

In louisiana, suit can be filed by any party to a loss. Just because you have been sued, doesn't mean you are "negligent". Your insurance company should provide you a defense and should have done a reasonable investigation into the facts of the accident. It sounds like the "china man's" attorney is simply using a shotgun approach to the suit and suing everyone who is involved.

I see the loss occurred back in September. Depending on what type of car you were in, your insurance company could have harvested the data from the "black box" of the vehicle and it would have given data about the actions of your vehicle directly before the crash.(such as speed, position of brake pedal, etc..) This information could be used to prove that your vehicle was not in motion at the time of the accident.

:spineyes:

I had an accident that was some what like yours, my insurance told me not to worry, the guy tried to claim medical injuries & damages, he lost.

Standard issue these days, really. If ya had insurance, you have nothing to worry about. The way the law reads, even though you were hit from behind, you were following too close if you hit the vehicle in front of you. Therefore, you are partially liable for the accident. No big deal. Your insurance company has teams of lawyers on the payroll to handle things like this.

you're pretty much screwed...

:rotfl: Let em havit!:rotfl:

it shouldnt matter if she hit you first if you were close enough to the chinese dude to hit him after she hit you you may still be in hot water...............X2 meaux fishing

Negligence does matter. The party which caused the loss is the negligent party. The fact that you were stopped near the other vehicle which you were pushed into is not an "act of negligence". Thus, if she hit your vehicle and forced you into the other party, you have 0% negligence.

O

Taco Bell??????????????.....................Really should find a better place to eat, that stuff will kill ya.:D

My wife was hit kinda like this a few years ago and it totaled 3 cars; the one that hit her, ours and the one she hit. Our insurance ended up having to sue the lady that hit us but we got about 90% of everything back that we had to put out now the truck my wife hit sued the lady that started it all and the way it fell was since my wife hit the truck, anything that the ladies insurance that started it all did not cover our insurance would have to step in and take care of. It all came down to who's insurance was worth enuff to cover all the lost property but then agin that's why I carry insurance worth more then I need.

But its 88% real meat and 12% special secrets!! I have the runs just thinking about it.

Real Meat? Maybe, But from what animal???:eek:

Galftop or hardhead:smokin:

Big foot!

Just remember Edwin Edwards is out of jail, so that may room for one more. :)

Same thing happened to me a few years ago on the thruway in Laffy. The insureance company fromt he chick that hit you is responsible for everyone ahead of her! Especially if you were at a complete stop. The Chinaman will give you hell, and you may have to make a few more statments to your insurance company, but it should be all cool. Wouldnt worry about a thing.

I didn't eat it. I just got a drink. As soon as the cop said I could, I walked my limping self (I was in a boot at that time) to Cane's.

What gets me is, the Chinaman is suing everyone. Colby, me, that smoking hot LSU chick (whom I will now refer to as Brittney, and I got her number), and the old woman and the rainbow dude that wasn't involved in the main wreck. The rainbow dude hit the old woman as she slammed on her brakes to avoid being in the main pile-up. My dad says he don't think its going to really go anywhere and Colby's mom and dad are insurance agents and they said they don't think its going anywhere either. Brittney has already stated that she hit us first. I just don't know why I'd be getting sued for a wreck that I was a passenger in.

We weren't at a full dead stop, we were going about 2-3 mph when we got hit. When we got hit, Colbys foot came off the brake which pushed us about 10-15 feet before we made contact with the Chinamans truck. He is trying to claim that we hit him first because he felt a slight bump, then a BOOM from Brittney.