My lawyer telephoned today from Nashville regarding the accident lawsuit. He told me that, just incredibly and something that rarely occurs in his profession, all three witnesses to the accident were accessible and were able to talk with him.
It was interesting hearing what the witnesses themselves had said and what points of view they had (literally speaking). One was right behind me, one was right behind the auto suing me, and one was in the oncoming traffic lane. Each said I was clearly forced off the road; it was the man from oncoming traffic whose witness report has made me feel so much better about the split-second decision I made to swerve as opposed to let myself get hit by the car that fled the scene. He told the lawyer that he saw it coming and, as it occured he was "telling" me to swerve or that we would be hit into oncoming traffic and die. Of course, the subsequent events were horrifying but the fact is we all survived with, besides a broken back, relatively minor injuries considering the number of times we flipped at 60 mph. So that alone, after what has almost been two years this March, has put my mind somewhat at ease in that I really, truly did do what I was supposed to have done and that there was really, truly no other way out.
Sigh.
Regarding trial: My lawyer mentioned that there are many people who, upon learning that the other side really has no case, will take it to trial just so that they can't get anything at all. Most insurance companies, he added, will refuse to make any offer whatsoever if there is no fault on the part of their client and the case appears a clear loss for the opposing side. However, he said, my insurance company sees things a bit differently, understands the huge emotional turmoil and deep, dark place this accident sent me free-falling into and does not really want me to have to go and re-live it to a judge in a trial setting, so they're willing to put out $2500 just to settle it...a $20,000+ suit. This implies absolutely no liability on my part whatsoever; it is basically going to be presented to the plaintiff in this case as "you will get more this way than if this went to trial because, really, you have no case and won't win anything."
There is a chance they might reject this offer or want more, in which case there might be some back-and-forth dealing with my insurance company but nothing that will affect me. However, in the case that my insurance company is not willing to settle for the amount they want just to keep me out of it, this will end up in trial.
I told my lawyer that I am very much a person of high ethical values and LOVE to fight on principle...but that I honestly don't know if I am, in this case and at this point in my life, strong enough to voluntarily go for it. He thinks my decision is correct considering the case and its aftermath in my life, and said that it is different for everybody. His saying that made me feel better, too...like I wasn't "wimping out" or "taking the easy route" because, if it does come down to it, which there always could be a possibility of that occuring, I will have to go and stand my ground.
I also really don't want to have to disrupt these three witnesses' lives to have them subpoenaed to testify for me. I would never be able to release that guilt of voluntarily asking that of these three strangers.
At least it wasn't a call telling me I had to show up in Nashville next Friday for trial at 10 a.m., which I feared it was. That will be continued to a later date as offer/counteroffer decisions have yet to be considered. It could take another couple of months. I feel a little better now, although it is not necessarily over yet.
It was interesting hearing what the witnesses themselves had said and what points of view they had (literally speaking). One was right behind me, one was right behind the auto suing me, and one was in the oncoming traffic lane. Each said I was clearly forced off the road; it was the man from oncoming traffic whose witness report has made me feel so much better about the split-second decision I made to swerve as opposed to let myself get hit by the car that fled the scene. He told the lawyer that he saw it coming and, as it occured he was "telling" me to swerve or that we would be hit into oncoming traffic and die. Of course, the subsequent events were horrifying but the fact is we all survived with, besides a broken back, relatively minor injuries considering the number of times we flipped at 60 mph. So that alone, after what has almost been two years this March, has put my mind somewhat at ease in that I really, truly did do what I was supposed to have done and that there was really, truly no other way out.
Sigh.
Regarding trial: My lawyer mentioned that there are many people who, upon learning that the other side really has no case, will take it to trial just so that they can't get anything at all. Most insurance companies, he added, will refuse to make any offer whatsoever if there is no fault on the part of their client and the case appears a clear loss for the opposing side. However, he said, my insurance company sees things a bit differently, understands the huge emotional turmoil and deep, dark place this accident sent me free-falling into and does not really want me to have to go and re-live it to a judge in a trial setting, so they're willing to put out $2500 just to settle it...a $20,000+ suit. This implies absolutely no liability on my part whatsoever; it is basically going to be presented to the plaintiff in this case as "you will get more this way than if this went to trial because, really, you have no case and won't win anything."
There is a chance they might reject this offer or want more, in which case there might be some back-and-forth dealing with my insurance company but nothing that will affect me. However, in the case that my insurance company is not willing to settle for the amount they want just to keep me out of it, this will end up in trial.
I told my lawyer that I am very much a person of high ethical values and LOVE to fight on principle...but that I honestly don't know if I am, in this case and at this point in my life, strong enough to voluntarily go for it. He thinks my decision is correct considering the case and its aftermath in my life, and said that it is different for everybody. His saying that made me feel better, too...like I wasn't "wimping out" or "taking the easy route" because, if it does come down to it, which there always could be a possibility of that occuring, I will have to go and stand my ground.
I also really don't want to have to disrupt these three witnesses' lives to have them subpoenaed to testify for me. I would never be able to release that guilt of voluntarily asking that of these three strangers.
At least it wasn't a call telling me I had to show up in Nashville next Friday for trial at 10 a.m., which I feared it was. That will be continued to a later date as offer/counteroffer decisions have yet to be considered. It could take another couple of months. I feel a little better now, although it is not necessarily over yet.
That is good news Mapiprincesa. :) Just gotta hang on a little longer...
ResponderEliminarIts a relief to you, I know, that the witnesses have been located and they all have exonerated you. The person suing is, I fear, just looking for ways to get rich. If it goes to trial, they will get nothing, I'm sure....so its best if they just take the money offered in place of a trial and disappear into the sunset. Either way, you should not worry any longer. I'd put this at the very bottom of your list of priorities. Enjoy your weekend...make some good memories.
ResponderEliminarHi, Z:
ResponderEliminarYeah, just a bit longer. Whatever happens... you will learn about it!
Hi, Val:
That does help, really. It is simply validation, that my gut instinct was correct and that I did not "overreact". The suit, I have learned, is being filed by the insurance company under the guise of being civil between policyholders. That's all. Their insurance company doesn't feel they should have to pay for damages for an accident that I caused and is trying to prove my negligence; however, there is no indication that they have made any effort to explore police reports or witness reports.
So there we have it for now. Yes, I plan to enjoy the day now that my class for the morning is over--I have the kids, it has actually hit 50 degrees (break out the SHORTS!--yeah, right...). I've packed PB & Js and I'm taking the little monkeys to the playground this afternoon! Tomorrow I must work.
Be well, both of you!
So ... good news in that you were affirmed in the fact that you made a wise and good split second decision - one that saved you and your family - and yet ... the greedy, evil @#%4#2*** are still going to get money??? That sucks.
ResponderEliminar