Hi, So I am new to this forum. I need some advice and help. So here is my story, I was driving normally and wanted to make a right turn at the next intersection. So I slowed down and came to a complete stop right before the pedestrian cross walk since it was a red light for me. To make sure my way was clear to make my right turn I had to inch forward a bit to look at traffic flowing in the direction i want to make my right turn at. So at this point my car would be over the pedestrian crosswalk. Prior to this I looked both ways to make sure no pedestrians were in sight and so that is when I inched forward. So now my car is over the crosswalk and I am waiting for traffic to clear to make my right turn. After waiting for about 10-15 seconds I see a women who is banging/slapping my hood and yelling at me. I figured she was just angry cause I was blocking her way. Then she walked to the side of my car and started yelling at me that She is going to report me. I figured she was just crazy and there was nothing really i can do. If i had stayed she would just get more frustrated. So I figured if I just complete my right turn safely we could both just be on our seperate ways. A month later I got a call from a detective saying i was involved in a motor vehicle accident with a pedestrian and that they need me to come make a statement at the police station. So I went in and told them the story and the detective charged me with 3 summons 1.Careless driving 2.Failure to report an accident 3.Failure to remain at an accident. I hired a paralegal and they got the evidence and everything, I had my first trial date not to long ago and she never showed up. The prosecutor was pretty young and inexperienced and the detective had to pretty much help her do her job and try his best to convict me. So anyways the witness never showed up and the detective claims he called her 2 days prior and said she was sick. The prosecutor asked for an adjournment and was granted it. Now I have my next court date in 2 months What are my chances of getting these all dropped? I feel like she is just doing this to try and get a settlement from my insurance company. These are serious charges and each one can pretty much suspend my license or give me jail time which i don't think will happen because detective says she claims she has minor soft tissue injuries. The police report my paralegal obtained says she was released from the hospital with no injuries. So I don't even understand how this case even got this far. Basically it is my word against her word. I just wanted to hear some opinions and see what other people think about this
Topic
Careless driving because pedestrian claims my car hit her
It sucks that this thing has come back to life. The fact that she has switched law firms is completely irrelevant. She may have found a different firm she prefers. Also, the fact she did not show up for your trial is likely irrelevant. Of course, if a lawsuit ever goes to trial, you or your representative can question her about why she didn't show up. Were you served with an actual claim that has been filed in either Superior Court or Small Claims Court? Or have you simply received a letter from the lawyer saying you will be sued? If you've received a claim, you have to file a defence within a given time. If you've only received a letter, you may or may not eventually receive a claim. If she's actually filed a claim, it will contain copies of all the supporting documentation on which she is relying (e.g., a hospital discharge record). When did the original event occur? I know you started the thread in December 2016, but that was obviously some time after it, as there had been time for it to come to trial. If this woman is going to sue you, she must file the claim within two years of the date of the alleged injury.
It sucks that this thing has come back to life. The fact that she has switched law firms is completely irrelevant. She may have found a different firm she prefers. Also, the fact she did not show up for your trial is likely irrelevant. Of course, if a lawsuit ever goes to trial, you or your representative can question her about why she didn't show up.
Were you served with an actual claim that has been filed in either Superior Court or Small Claims Court? Or have you simply received a letter from the lawyer saying you will be sued? If you've received a claim, you have to file a defence within a given time. If you've only received a letter, you may or may not eventually receive a claim.
If she's actually filed a claim, it will contain copies of all the supporting documentation on which she is relying (e.g., a hospital discharge record).
When did the original event occur? I know you started the thread in December 2016, but that was obviously some time after it, as there had been time for it to come to trial. If this woman is going to sue you, she must file the claim within two years of the date of the alleged injury.
I first got a letter from her lawyer and then a few weeks later I got served with an actual claim however it did not include any documentation such as hospital discharge records. However the police report I received back when I was fighting the charges says that she was released from the hospital with no injuries. The event occurred on April, 2, 2016 and i got served the claim for superior court of justice just this past Friday. so April, 6, 2018 but I got the letter from her lawyer saying she wants to sue about 2-3 weeks before i got served with the court papers. Any idea why they waited till the last minute?
It sucks that this thing has come back to life. The fact that she has switched law firms is completely irrelevant. She may have found a different firm she prefers. Also, the fact she did not show up for your trial is likely irrelevant. Of course, if a lawsuit ever goes to trial, you or your representative can question her about why she didn't show up.
Were you served with an actual claim that has been filed in either Superior Court or Small Claims Court? Or have you simply received a letter from the lawyer saying you will be sued? If you've received a claim, you have to file a defence within a given time. If you've only received a letter, you may or may not eventually receive a claim.
If she's actually filed a claim, it will contain copies of all the supporting documentation on which she is relying (e.g., a hospital discharge record).
When did the original event occur? I know you started the thread in December 2016, but that was obviously some time after it, as there had been time for it to come to trial. If this woman is going to sue you, she must file the claim within two years of the date of the alleged injury.
I first got a letter from her lawyer and then a few weeks later I got served with an actual claim however it did not include any documentation such as hospital discharge records. However the police report I received back when I was fighting the charges says that she was released from the hospital with no injuries.
The event occurred on April, 2, 2016 and i got served the claim for superior court of justice just this past Friday. so April, 6, 2018 but I got the letter from her lawyer saying she wants to sue about 2-3 weeks before i got served with the court papers. Any idea why they waited till the last minute?
Normally in a civil suit the onus is on the plaintiff to prove negligence. However when it comes to an accident between a vehicle and pedestrian the plaintiff does not have to prove negligence due to section 193 of the Highway Traffic Act: 193 (1) When loss or damage is sustained by any person by reason of a motor vehicle on a highway, the onus of proof that the loss or damage did not arise through the negligence or improper conduct of the owner, driver, lessee or operator of the motor vehicle is upon the owner, driver, lessee or operator of the motor vehicle. This means the onus is on your lawyer (the one hired by your insurance company) that you were not negligent or that you were not the proximate cause of her injuries. Not exactly an easy task considering there are no witnesses or video.
It's been a while since I have been active on this post. Hoped I would never have to deal with this case again but I just got served with papers because the lady wants to sue me for personal injuries. I already contacted my insurance and sent them the papers.
What I find weird is that the letter I got from her lawyer back when I was still fighting these charges are no longer representing her and a new law firm is now representing her case. Does that mean that her old one knew that her case was trash and they aren't going to get anything so they don't want to waste their time and so she went to a more desperate firm I suppose? I received a letter from her lawyer saying they want to sue like 2 weeks before the 2 year anniversary mark of the so called alleged accident
My insurance rep told me that I will have to go to something called discovery where both parties will be there with their lawyers and will explain their stories under oath. I hope my insurance does not pay her anything, cause i know she is trying to claim insurance fraud.
Any idea what are her chances of winning knowing she never showed up to court to convict me of my alleged traffic violations? I assume at this point that I don't have to worry much since my charges have already been withdrawn and she is really just after my insurance money.
Normally in a civil suit the onus is on the plaintiff to prove negligence. However when it comes to an accident between a vehicle and pedestrian the plaintiff does not have to prove negligence due to section 193 of the Highway Traffic Act:
193 (1) When loss or damage is sustained by any person by reason of a motor vehicle on a highway, the onus of proof that the loss or damage did not arise through the negligence or improper conduct of the owner, driver, lessee or operator of the motor vehicle is upon the owner, driver, lessee or operator of the motor vehicle.
This means the onus is on your lawyer (the one hired by your insurance company) that you were not negligent or that you were not the proximate cause of her injuries. Not exactly an easy task considering there are no witnesses or video.
Normally in a civil suit the onus is on the plaintiff to prove negligence. However when it comes to an accident between a vehicle and pedestrian the plaintiff does not have to prove negligence due to section 193 of the Highway Traffic Act:
193 (1) When loss or damage is sustained by any person by reason of a motor vehicle on a highway, the onus of proof that the loss or damage did not arise through the negligence or improper conduct of the owner, driver, lessee or operator of the motor vehicle is upon the owner, driver, lessee or operator of the motor vehicle.
This means the onus is on your lawyer (the one hired by your insurance company) that you were not negligent or that you were not the proximate cause of her injuries. Not exactly an easy task considering there are no witnesses or video.
damn, that sucks. That rule makes it way to easy for people to commit insurance fraud. Which is probably why insurance rates are soo high in Toronto
I first got a letter from her lawyer and then a few weeks later I got served with an actual claim however it did not include any documentation such as hospital discharge records. However the police report I received back when I was fighting the charges says that she was released from the hospital with no injuries.
The event occurred on April, 2, 2016 and i got served the claim for superior court of justice just this past Friday. so April, 6, 2018 but I got the letter from her lawyer saying she wants to sue about 2-3 weeks before i got served with the court papers. Any idea why they waited till the last minute?
What's the date on the claim? It should appear near the top of the first page. That's the date that matters.
That may be so, but she still has to prove she was actually injured and, if she was, that she was injured by the car. The police report says she was released from hospital without injuries. It's been two years since the alleged accident; she certainly won't be showing any signs of injury now.
Normally in a civil suit the onus is on the plaintiff to prove negligence. However when it comes to an accident between a vehicle and pedestrian the plaintiff does not have to prove negligence due to section 193 of the Highway Traffic Act:
193 (1) When loss or damage is sustained by any person by reason of a motor vehicle on a highway, the onus of proof that the loss or damage did not arise through the negligence or improper conduct of the owner, driver, lessee or operator of the motor vehicle is upon the owner, driver, lessee or operator of the motor vehicle.
This means the onus is on your lawyer (the one hired by your insurance company) that you were not negligent or that you were not the proximate cause of her injuries. Not exactly an easy task considering there are no witnesses or video.
That may be so, but she still has to prove she was actually injured and, if she was, that she was injured by the car. The police report says she was released from hospital without injuries. It's been two years since the alleged accident; she certainly won't be showing any signs of injury now.
There is no date on the first page. On the second page says March 29, 2018 which is 3 days before the 2 year mark. is there a reason why they would wait to the last second?
Some people just like doing that. My guess is she wasn't really injured and figured she'd give it one more try just before the deadline. The reference to her having told police she had no injuries should work in your favour. I did Small Claims Court representation from about 2004 to about 2007, but things have changed a lot since then. If I'd seen this type of claim then, I'd have put in the defence that she'd already admitted not to having been injured and that she failed to show up to testify in several Highway Traffic Act charges. While her lack of appearance does not, in and of itself, disqualify her claim, it does leave the door open to asking her under cross-examination why she wasn't there.
There is no date on the first page. On the second page says March 29, 2018 which is 3 days before the 2 year mark.
is there a reason why they would wait to the last second?
Some people just like doing that. My guess is she wasn't really injured and figured she'd give it one more try just before the deadline. The reference to her having told police she had no injuries should work in your favour.
I did Small Claims Court representation from about 2004 to about 2007, but things have changed a lot since then. If I'd seen this type of claim then, I'd have put in the defence that she'd already admitted not to having been injured and that she failed to show up to testify in several Highway Traffic Act charges. While her lack of appearance does not, in and of itself, disqualify her claim, it does leave the door open to asking her under cross-examination why she wasn't there.
Below is a summary of a combination of the detectives report, her statement and the officers notes who she spoke with when she reported the incident. What I find odd is that both In her statement and the police report summary it says that she MANAGED to get HERSELF off my hood and able to record my license plate. However in the civil suit I got served last week it says that she struck down to the floor. So again it is not adding up? Was she struck to the ground or was she on my hood and get herself off?
Below is a summary of a combination of the detectives report, her statement and the officers notes who she spoke with when she reported the incident.
What I find odd is that both In her statement and the police report summary it says that she MANAGED to get HERSELF off my hood and able to record my license plate. However in the civil suit I got served last week it says that she struck down to the floor. So again it is not adding up? Was she struck to the ground or was she on my hood and get herself off?
The defendant was operating his vehicle at approximately 1:30 pm he was east bound on sunrise avenue at the intersection of Victoria park attempting to make a right turn. It was at this time that the defendants vehicle struck the victim who was a pedestrian, crossing from south to north on sunrise avenue in the marked pedestrian cross area at the intersection. The victim stated that once she was struck she ended up on the hood of the vehicle, looking the defendant right in the eyes. The victim managed to get herself off the hood of the car and quickly took note of the suspects licence before he left the scene. The victim went to the hospital as a result of the collision. She stated that she had no broken bones but suffered soft tissue damage and suffers from pain in her hips, back and neck. The defendant was interviewed at traffic services and was charged accordingly under the highway traffic act.
Pedestrians statement
"I was crossing the pedestrian line exactly crossing sunrise going south to north and he was turning right going to victoria park south. I saw him. I saw the car stopped, the light way for me, I started to go. I never thought he would go. He started the car with velocity like he was in a rush. And then he hit me I banged the car a bunch of times and I saw his face when I was on the hood. He saw me and then as soon as I got a chance I got myself off the car and then he ran away, I saw people watching. I looked at the back of his car and tried to remember his license plate. He tried to run away fast."
Officers notes.
Spoke to complainant at residence
Released from the hospital without injury
Was too in shock to stay on the phone with the police
You'll have the opportunity to cross-examine her over the inconsistencies. Of particular note, you'll be able to go after the fact that she told the officer she'd been released from hospital without injury. She'll have to show that she actually has a hospital record. You may have to summon the officer to get him to testify as to what she said. I assume she's sued you in Small Claims Court.
You'll have the opportunity to cross-examine her over the inconsistencies. Of particular note, you'll be able to go after the fact that she told the officer she'd been released from hospital without injury. She'll have to show that she actually has a hospital record. You may have to summon the officer to get him to testify as to what she said.
You'll have the opportunity to cross-examine her over the inconsistencies. Of particular note, you'll be able to go after the fact that she told the officer she'd been released from hospital without injury. She'll have to show that she actually has a hospital record. You may have to summon the officer to get him to testify as to what she said.
I assume she's sued you in Small Claims Court.
I have no idea. All it says is superior court of justice.
yeah lists the parties which is me and the lady and has a stamp that says the superior court of justice and a signature with the ministry of attorney generals address. Everything else is just the technical jargon that she wants to steal my insurance money
yeah lists the parties which is me and the lady and has a stamp that says the superior court of justice and a signature with the ministry of attorney generals address. Everything else is just the technical jargon that she wants to steal my insurance money
You need to figure out which level and which court it is, as you'll have to file a defence within a strict time limit. That time started "ticking" the day you were served with the claim.
yeah lists the parties which is me and the lady and has a stamp that says the superior court of justice and a signature with the ministry of attorney generals address. Everything else is just the technical jargon that she wants to steal my insurance money
You need to figure out which level and which court it is, as you'll have to file a defence within a strict time limit. That time started "ticking" the day you were served with the claim.
For now, he has no choice. He has to respond to the claim. There are options, such as notifying the insurance company, filing a cross-claim against the insurance company, etc., but because she sued him, he still needs to deal with it.
Why are you dealing with this ? Surely this is between her and your insurance company.
For now, he has no choice. He has to respond to the claim. There are options, such as notifying the insurance company, filing a cross-claim against the insurance company, etc., but because she sued him, he still needs to deal with it.
Yeah I already contacted my insurance company and they said they are going to take care of it. So at this point I can't really do anything since it is in the insurance hands now.
Yeah I already contacted my insurance company and they said they are going to take care of it. So at this point I can't really do anything since it is in the insurance hands now.
Regardless, make sure someone files a defence for you. You don't want this woman obtaining default judgement against you. That could expose you to enforcement action and could affect your credit rating.
Yeah I already contacted my insurance company and they said they are going to take care of it. So at this point I can't really do anything since it is in the insurance hands now.
Regardless, make sure someone files a defence for you. You don't want this woman obtaining default judgement against you. That could expose you to enforcement action and could affect your credit rating.
Got a call from my Insurance lawyer saying that they have been hired by my insurance company to deal with this matter. They told me that they are suing for more then the $1 mill coverage that insurance companies provide and that if they win I will have to pay the difference out of my own pocket. I think they wanted to go for like $2 mill or something Is this normal?? that they usually go over someones insurance policy? I mean she can try to claim that but the fact is I don't have a house or any other assets lol So she can't take money that I don't have. I wonder what kind of drugs she is on lol
Got a call from my Insurance lawyer saying that they have been hired by my insurance company to deal with this matter. They told me that they are suing for more then the $1 mill coverage that insurance companies provide and that if they win I will have to pay the difference out of my own pocket. I think they wanted to go for like $2 mill or something
Is this normal?? that they usually go over someones insurance policy? I mean she can try to claim that but the fact is I don't have a house or any other assets lol So she can't take money that I don't have. I wonder what kind of drugs she is on lol
Of course it's normal. I could sue you for $100 million if I wanted. But if I had given a police report that I'd been released from hospital without injury, I'd be crazy to do it. I can't see her winning, based on that statement.
Got a call from my Insurance lawyer saying that they have been hired by my insurance company to deal with this matter. They told me that they are suing for more then the $1 mill coverage that insurance companies provide and that if they win I will have to pay the difference out of my own pocket. I think they wanted to go for like $2 mill or something
Is this normal?? that they usually go over someones insurance policy? I mean she can try to claim that but the fact is I don't have a house or any other assets lol So she can't take money that I don't have. I wonder what kind of drugs she is on lol
Of course it's normal. I could sue you for $100 million if I wanted. But if I had given a police report that I'd been released from hospital without injury, I'd be crazy to do it. I can't see her winning, based on that statement.
On what grounds ? Well I just want to put this behind me and not think about it anymore. Too much of a headache. But just for my own knowledge can't I sue her for like not showing up to traffic court to dispute my 3 charges I got withdrawn back last year. For wasting money on a paralegal, time off work etc.
Well I just want to put this behind me and not think about it anymore. Too much of a headache. But just for my own knowledge can't I sue her for like not showing up to traffic court to dispute my 3 charges I got withdrawn back last year. For wasting money on a paralegal, time off work etc.
Hi Everyone, Sorry for all the questions but I was wondering if someone can tell me how I can order a court transcript of my traffic charges I fought a year ago and got them withdrawn. I am hoping this transcript can lead to some kind of evidence that can discredit this woman and her accusations so she does not win any settlement from my insurance.
Hi Everyone,
Sorry for all the questions but I was wondering if someone can tell me how I can order a court transcript of my traffic charges I fought a year ago and got them withdrawn. I am hoping this transcript can lead to some kind of evidence that can discredit this woman and her accusations so she does not win any settlement from my insurance.
There is a lawyer working your case so let them do their job. The amount of the claim is ludicrous and she is just hoping for an easy settlement. If the insurance company want to give her one to save on legal fees then that is fine but there is no way (based on what you have told us) that it is even going to be close to the million limit.
There is a lawyer working your case so let them do their job. The amount of the claim is ludicrous and she is just hoping for an easy settlement. If the insurance company want to give her one to save on legal fees then that is fine but there is no way (based on what you have told us) that it is even going to be close to the million limit.
Former Ontario Police Officer. Advice will become less relevant as the time goes by !
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