Here's the long and short of it.
I got rearended. The person drove off and I got their plates. I went to the police station and reported it. That person got pulled in for DUI and Hit and Run.
I called the insured to settle without getting insurance involved (my insurance agent said it was fine). The insured's lawyer called my agent and said they will pay me X amount of dollars if I sign a waiver.
So I sign the waiver and sent it back Thursday. My agent calls me today and says that the agent said my signature was not legible.
So I said screw it, the deal is off. I'm going to court and I'm going to make sure this lady is prosecuted. Since the lawyer was bluffing and trying to buy time, he changed his mind and said "oh, you know what, it is legible." I said "too late, you had your chance to settle."
He says to me "I have your signature right here, if you try to pursue this we will sue." I said you had your chance, but you stalled and thought lying would work.
Case or no?
2007-10-29 15:58:28 · 9 answers · asked by Bada Bada 1 in Politics & Government ➔ Law & Ethics
Does his case have merit? Probably not. That being said, anyone can sue anyone, and often cases without merit are filed not because they intend to go to court, but because it gives them leverage over you.
They know you have better things to do than spend a lot of time and money fighting them in court. Even if you win, you will have lost, and they know this.
They do this in the hopes that you will accept an offer from them that is below what you could probably get from a judge or jury.
If you are positive you and your car are perfectly fine, and your attorney thinks their offer is reasonable, take the money and spare yourself the headache.
Oh, and never again try to bypass your insurance agency on a claim when the other driver is at fault. I lost on one of those too.
2007-10-29 16:02:08 · answer #1 · answered by whiskeyman510 7 · 1⤊ 0⤋
In practicality - lawyers can & do sue over crap all the time.
However you wrote that YOUR agent relayed the message so they can be a witness and I would assume your insurance company should help. (this is part of what s-cks about the system - if you had an atty up front this creep would probably not have pulled anything).
For now - hopefully you kept a copy of the "waiver" but I would guess the layer is just trying to intimidate you.
I don't think that you can WAIVE your "obligation" to be a witness - I would assume that you were potentially waiving your right to sue. (But if the other driver gets convicted of DUI - I'd love to see the spinning that lawyer will have to do. OOOHHH - check the laws in your state - IF it is legal to record the conversation you might want to do that - or at miniumim maybe have a witness to any further conversations - if it is over the phone have someone on another line.)
EVEN when you are 100% not at fault - it is almost impossible to not be judged at fault when you are the rear car in a rear end accident - but drunk ? There should be no chance -unlesss the driver is a cop or a politician ;o)
2007-10-29 23:09:19 · answer #2 · answered by cak_ask 4 · 0⤊ 0⤋
What are you babbling about? Whether this woman is charged with the DUI is not up to you. You reported it and now it is up the prosecutors's office to decide what to do with her.
The agreement and release you signed was about getting your car fixed, nothing more. The "waiver" is that you will not sue her for more money. You cannot and did not waive your responsibility to testify at her criminal trial if you receive a subpoena.
You signed it. It's a deal. If you want to back out of it now, you will have to sue her to get any money to fix your car. They will pull out your signed agreement and you will be stuck with it. You are accomplishing nothing.
Next time, let the insurance company handle it. They know what they are doing.
2007-10-29 23:14:53 · answer #3 · answered by raichasays 7 · 1⤊ 0⤋
No case. You signed a settlement saying you wouldn't sue.
Unless... in some states there is a law that says you have 3 days to change your mind after singing a contract. It may or may not apply to this situation. But you have a lawyer so why are you asking here?
2007-10-29 23:05:00 · answer #4 · answered by Anonymous · 0⤊ 0⤋
I think he has a case. Mainly because when you get to court, the judge is going to ask you, under oath, if that is your signature, and you are going to have to say yes. Then he is going to tell you if you signed a waiver, you forfeited your right to sue the lawyer's client.
2007-10-29 23:05:55 · answer #5 · answered by claudiacake 7 · 0⤊ 1⤋
according to the lawyer, you signed, and it's a done deal. So, where is your settlement check? Did you GET the check? Have you cashed the check?
If you have no check then there is no deal. If he sent you the check, call your agent and your lawyer before you cash it to discuss your options.
2007-10-29 23:04:00 · answer #6 · answered by staggerlee337 5 · 0⤊ 0⤋
If they have your signature, they can sue you. I would consult a lawyer.
2007-10-29 23:02:59 · answer #7 · answered by Settelbanat 4 · 0⤊ 0⤋
Definite case. Go for it.
Thank God she did not kill some one or injury anybody.
Good Luck!
2007-10-29 23:03:31 · answer #8 · answered by EMT-207 4 · 0⤊ 0⤋
Honestly, don't know - but I hope you win.
Good LUCK!
2007-10-29 23:03:29 · answer #9 · answered by Anonymous · 0⤊ 0⤋