careless driving because pedestrian claims my car hit her

Zatota
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Re: careless driving because pedestrian claims my car hit her

Unread post by Zatota on

dude wrote:
Sat Apr 14, 2018 8:41 pm
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.


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Unread post by Zatota on

argyll wrote:
Sun Apr 15, 2018 3:42 am
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.


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Unread post by argyll on

I'd be contacting the insurers and taking direction from them as they're the ones going to be paying out if the judgement is unfavorable.
Former Ontario Police Officer. Advice will become less relevant as the time goes by !


dude
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Unread post by dude on

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.


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Unread post by Zatota on

dude wrote:
Mon Apr 16, 2018 8:35 am
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.


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Unread post by dude on

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


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Unread post by Zatota on

dude wrote:
Tue Apr 24, 2018 4:46 pm
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.


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Unread post by ynotp on

Countersue?


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Unread post by argyll on

ynotp wrote:
Wed Apr 25, 2018 4:18 pm
Countersue?
On what grounds ?
Former Ontario Police Officer. Advice will become less relevant as the time goes by !


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Unread post by dude on

argyll wrote:
Thu Apr 26, 2018 5:28 pm
ynotp wrote:
Wed Apr 25, 2018 4:18 pm
Countersue?
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.


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Unread post by dude on

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.


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Unread post by argyll on

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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