Awesome ... my wife is being sued ... Any legal experts welcome ...

• gut

  O-Trap;1315669 wrote: They had zero issue. It was, quite literally, a tap that didn't leave so much as a paint mark on either car.

  I wouldn't worry about it. Your insurance should handle it - if you win, no deductible. If the insurance company makes a call on legal fees and settles, then you probably have no recourse on the deductible regardless of how bogus the claim may be.
  
  Hopefully if it was as minor as you say there's no trail of medical bills that can be linked so this fraud doesn't get a dime.
  
  It is kind of odd because normally you would expect your insurance company was paying for medical treatment from the beginning. I don't want to scare you, but don't many policies cap medical payments at $5k?
  
  Smart money is they have some sort of financial hardship and are scheming, or suffered an injury not covered by insurance and are scheming.
• gut

  O-Trap;1315407 wrote: Today, we got a notice that she is being sued for $25,000 because this woman is claiming that she can no longer work because of it.

  Thinking about this a bit more....I'm sure you realize I am not a lawyer.
  
  Why is she suing you? Because she does not have a valid medical claim that would hit your insurance (guessing). If she had a legitimate disability, you would go after the insurance company and you would not be limiting your potential medical costs.
  
  You need to also hire a lawyer because the insurance company denying the claim will not absolve you of the personal liability here. Maybe the insurance company can recommend a lawyer, or perhaps the lawyer can represent both parties (that may not be the best idea for you because there could be a conflict of interest, even if it wouldn't seem to be the case).
  
  Hire a lawyer and immediately counter-sue for legal and related costs (realizing she may have no money to ever collect a judgement against). If that doesn't scare her into dropping, then hire a PI and start building a case.
  
  It sounds like she got laid-off/fired/quit and is looking for a source of funds. I'm not sure how it all works, but seems to me they should have been going after your insurance company for a claim in some way (while possibly also suing you).
  
  I'm sure that next neighborhood block party will be a blast!
• gut

  Also, maybe someone mentioned it but just to be clear:
  
  Your only communication with her or her lawyer at this point should be thru your lawyer. The question I would ask my insurance company is if they will pay my legal fees. I would hire my own attorney regardless and let him coordinate and communicate with the insurance company and plaintiff.
• ernest_t_bass

  

  gorocks99;1315462 wrote:Also, shit on their lawn.

  
  I've pondered your situation, OTrap, and this really is the only viable solution.
• sleeper

  

  Hire a lawyer and immediately counter-sue for legal and related costs (realizing she may have no money to ever collect a judgement against). If that doesn't scare her into dropping, then hire a PI and start building a case.

  I don't understand why most people don't do this. If you are going to hire a lawyer anyway, might as well try and get it paid for with a countersuit.
• Sonofanump

  gut;1315656 wrote:You may lose the deductible, which sucks,

  What? What kind of insurance has a deductible for the property damage or bodily injury portion of the coverage? Must be a pay by month carrier.
• Sonofanump

  I am positive that the complaint says in excess of $25,000.
• fan_from_texas

  gut;1315672 wrote:Hire a lawyer and immediately counter-sue for legal and related costs (realizing she may have no money to ever collect a judgement against). If that doesn't scare her into dropping, then hire a PI and start building a case.

  Again, I have no experience with this type of law, but typically, I don't believe you can sue someone for legal fees unless the complaint is clearly frivolous or a statute explicitly provides for it. Because there was an actual accident, this probably isn't clearly frivolous, so I doubt you can recover costs.
  
  I would also be careful about reading too much into her motives. It's easy to ascribe bad faith or all sorts of ill intent to people, but most small claims type suits that I see tend to be based on miscommunication or bad advice. I suspect she had some lingering issues and was encouraged by an atty to file as a placeholder to get in before the limitations period ran.
  
  Starting with your ins co. is the best bet. They'll be able to give you some advice. But remember that they don't represent you directly: they're concerned with their liability, and while they may be on the hook for some or all of the suit against you, they're still not directly representing you (e.g., if the policy provides $5k of coverage and the suit is for $25k, your interests and theirs might be cross-aligned). Regardless, starting with them is a good bet to get some advice and explanation of the process.
  
  If you are going to be sued, remember that the amount claimed and the amount they win is not the same thing (she could sue for $25k and get $3k), and the amount they win and the amount they collect can be different, too (if you're poor and judgment proof, she can get a lien, but you can't squeeze blood from a turnip). All of these factors allow you to push for a more reasonable, affordable settlement if you have to.
• fan_from_texas

  Sonofanump;1315717 wrote:I am positive that the complaint says in excess of $25,000.

  ^^^this.
  
  Every jurisdiction has thresholds that allow you to get into certain types of courts (small claims, large claims, federal court, etc.) and skip or impose procedural hurdles (expedited discovery, jury trial, etc.). That's likely driving the number here, not her actual damages.
• gut

  fan_from_texas;1315761 wrote:Again, I have no experience with this type of law, but typically, I don't believe you can sue someone for legal fees unless the complaint is clearly frivolous or a statute explicitly provides for it. Because there was an actual accident, this probably isn't clearly frivolous, so I doubt you can recover costs.

  Not sure. But if she can't work, I would think the lawsuit would run into the hundreds of thousands and not $25k. Well, ok if it says "in excess of". Then it makes a lot more sense.
  
  As for being frivolous, would depend on the content and timing of the medical reports I think, especially given the type of accident (although it doesn't necessarily take much, I agree).
• gut

  Sonofanump;1315716 wrote:What? What kind of insurance has a deductible for the property damage or bodily injury portion of the coverage? Must be a pay by month carrier.

  You know I've never looked at it. Coverage per claim, I just assumed the standard deductible would apply. I suppose claims without damage to the car itself aren't all that uncommon.
• hasbeen

  

  File for divorce.
• Sonofanump

  gut;1315790 wrote:You know I've never looked at it. Coverage per claim, I just assumed the standard deductible would apply. I suppose claims without damage to the car itself aren't all that uncommon.

  No.
  
  The deductible on your (99% of policies) auto insurance coverage only applies to damage to your own insured auto.
• Sonofanump

  What county is the suit filed in? If it were a county like Summit for example, a more liberal judge might be apt to not agree to summary judgement so quickly.
• Tiernan

  Was the wife sited as being responsible? More importantly was there any reference to negligence? such as wreckless intent? texting? speeding?...etc? If not your insurance will take care of this and you don't have to get an attorney.
• Pick6

  

  didnt have a chance to talk to the professor today, but did talk to my mom. she said in her case (seems to be just like yours) the insurance company took care of it. so you should be fine.
• Sonofanump

  What did the vehicles owners insurance carrier state?
• Scarlet_Buckeye

  

  My mom works for personal injury attorneys. Don't sweat it. Two years is the statute of limitations for auto accident claims in Ohio, that's why they filed the suit under the two year window. You simply turn the lawsuit over to your insurance company and their attorneys will hand it for you (that's why you pay insurance premiums). You will NOT be charged any sort of attorney fees for this. This is why you pay for insurance. Your insurance company's attorneys now work for you. Also, FYI, the "$25,000" figure cited within the lawsuit in the "prayer clause" is standard in the State of Ohio. In order to bring a lawsuit in the Common Pleas Court, that is the language with which you cite in the "prayer clause". (don't sweat that, it's "standard protocol").
  
  You do NOT need to hire a personal attorney for this sort of thing, especially if it is as minor as you state.
• Tiernan

  OK at least 45 people have now told you that you do not have to get an attorney...are we done here?
• O-Trap

  

  Thank you, Chatter. Wife and I are calling the insurance company/companies today. If we do end up needing to seek legal counsel, we now have access to good representation, but given the assurances on here, I am at least less worried.
  
  Can't say this neighbor and I will have a good relationship going forward, which doesn't make me happy, but all things considered, I'll take not paying on a frivolous claim and estrangement from a neighbor over the alternative.
• gorocks99

  

  Wait....we actually had a thread where somewhat useful advice was dispensed and it actually helped you with your situation!?
  
  
• sleeper

  

  I think most of us were just nervous o-trap would write a book about the legal system.
• gorocks99

  

  sleeper;1316022 wrote:I think most of us were just nervous o-trap would write a book about the legal system.

  He's still working with the publisher to get it in Barnes & Noble. Gotta pay those lawyer fees somehow
• Rotinaj

  

  What a stupid bitch(not your wife). That is all.
• Azubuike24

  

  Depends on how the insurance claim is being handled. If you want to message me privately, I may be able to provide some insight if you haven't already gotten answers.