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  #97  
Old 12-06-2013, 10:52 AM
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Re: 2014 Limited damaged in parking lot

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Originally Posted by argue4u View Post
I have an email in to the Judge Judy producer asking to review the contract. She hasn't responded. The Defendants' lawyer did remove the case to regular civil court and so now I am battling there. Hopefully the producer of Judge Judy doesn't know that. If I do somehow end up on JJ, I will let you know when it airs. If I find out any information on compensation for the JJ show, I will share that as well. Wish me luck, it's me vs a real lawyer at this point.
Did you file an objection to the removal? If so, what result?

Also, it may be for the best that there's another lawyer involved here now. Be reasonable and he likely will too. Keep in mind that the insurance company is really his client here and what you're asking for is chump change to them. Be reasonable and make a demand. He'll come back and probably try to low ball you and tell you that's all the authority he has to offer. Tell him you'd be willing to come down a little based on perceived comparative negligence, but note the law and that you still believe you have a strong position should this go to trial. He'll talk to his adjuster and come up with the cash.

Also, study the rules of evidence. Not just for this case, but for all future cases if you really want to be a lawyer. It should be your bible. The attorney that can master the rules of evidence is the attorney that will win a majority of his/her cases. There is no substitute. Don't assume that the judges know the rules (often they don't as they may be attorneys from different backgrounds and are elected to office) and don't assume that the other side does either.
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  #98  
Old 12-11-2013, 05:04 PM
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Re: 2014 Limited damaged in parking lot

A lot to respond to here. None of this should be taken as legal guidance or advice.

Regarding removing the case to regular civil court, this is perfectly acceptable under the court rules. It is allowed based on a concept called intervention. In this case, it allows a party that may have an interest in the outcome of the case to intervene. In this case, if the van owner is found liable, the insurance company may be liable for paying the damages. Filing an opposition brief would be fruitless because the court rules allow the removal. Therefore, they are allowed to intervene and change the venue to where the insurance company can represent the defendants.

They have filed a motion to dismiss, to which, I have filed an opposition brief. The judge will decide whether or not to dismiss the case on December 23rd.

Regarding the cost of damage, damages amounted to about $1000. I have already had it fixed. The clip itself wasn't damaged, but the clip/fastener mechanism had enough force exerted on it to rip the plastic lower fascia from the upper bumper requiring both parts to be replaced and painted.

The owners of the car themselves are not disabled. I'm not going to go into how I know that. Having the insurance company involved may actually be a blessing because they have the money to pay out if I am successful. I doubt this will go to trial, but if it did, it would be a bench trial without a jury where disabled status would doubtfully sway the judge.

I have attempted to discuss settlement but the insurance attorney appears to want to attempt to dismiss the case first--which is normal. Hiring an attorney would be silly as it would consume more than the case is worth. I have studied up on procedure and evidence rules and am not concerned. The facts in the case aren't exactly in contention--the interpretation of the law is.

At the very least, though I believe I am in the right and that they are liable, if nothing more, this will be an educational experience for me.

Any other questions or comments I will be happy to address
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  #99  
Old 12-12-2013, 06:05 PM
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Re: 2014 Limited damaged in parking lot

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Originally Posted by argue4u View Post
They have filed a motion to dismiss, to which, I have filed an opposition brief. The judge will decide whether or not to dismiss the case on December 23rd.
Here's to a Merry Christmas then!
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  #100  
Old 12-13-2013, 11:53 AM
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Here's to a Merry Christmas then!
Be sending me those good vibes
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  #101  
Old 12-24-2013, 03:03 PM
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What was the judge's decision on the insurance company's motion to dismiss? Did opposing counsel approach you with a settlement offer after the decision (assuming the mt was dismissed)?
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  #102  
Old 12-24-2013, 08:04 PM
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What was the judge's decision on the insurance company's motion to dismiss? Did opposing counsel approach you with a settlement offer after the decision (assuming the mt was dismissed)?
The judge is behind. No news yet. I did file a motion to amend my complaint and the other lawyer filed a motion to try to block that too. The other lawyer has probably been paid as much as I was asking for at this point. It's a bit frustrating. No settlement offer. At this point he's sticking to his guns.

Perfect example of how an insurance company would rather pay a lawyer to get you to back away then to just settle and do what is right.

I'm learning a ton so at least theres that.
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  #103  
Old 12-24-2013, 08:58 PM
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Quote:
Originally Posted by argue4u View Post

The judge is behind. No news yet. I did file a motion to amend my complaint and the other lawyer filed a motion to try to block that too. The other lawyer has probably been paid as much as I was asking for at this point. It's a bit frustrating. No settlement offer. At this point he's sticking to his guns.

Perfect example of how an insurance company would rather pay a lawyer to get you to back away then to just settle and do what is right.

I'm learning a ton so at least theres that.
He's getting paid by the hour.
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  #104  
Old 12-24-2013, 09:11 PM
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Re: 2014 Limited damaged in parking lot

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Originally Posted by argue4u View Post
The judge is behind. No news yet. I did file a motion to amend my complaint and the other lawyer filed a motion to try to block that too. The other lawyer has probably been paid as much as I was asking for at this point. It's a bit frustrating. No settlement offer. At this point he's sticking to his guns.

Perfect example of how an insurance company would rather pay a lawyer to get you to back away then to just settle and do what is right.

I'm learning a ton so at least theres that.
The insurance company is doing what they are obligated to do, they are defending their client. Remember, you did not bring suit against the insurance company.

I am still very interested in the outcome. I know that typically if you hit any fixed or stationary object you are liable. On the other hand, you make a good argument and the judge might agree with you.

Merry Christmas


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  #105  
Old 12-26-2013, 12:54 PM
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Re: 2014 Limited damaged in parking lot

very late to this, but chances are you will not gain anything out of this, as the damage was to the front of the vehicle, and not the rear. If you hit it backing out, you might have a chance.

Now its your word that the court has to rely on, and damage to the front of your vehicle, what's to say that you did not intentionally drive into that hoping for a monetary settlement? Just stating what might be brought up, because you cannot prove that this was part of you maneuvering out of the spot. If expert witnesses had to be called, and insurance companies have plenty of those, they would all say 100% that you drove forward into it.
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  #106  
Old 12-26-2013, 02:31 PM
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Originally Posted by ufokillerz View Post
Now its your word that the court has to rely on, and damage to the front of your vehicle, what's to say that you did not intentionally drive into that hoping for a monetary settlement? Just stating what might be brought up, because you cannot prove that this was part of you maneuvering out of the spot. If expert witnesses had to be called, and insurance companies have plenty of those, they would all say 100% that you drove forward into it.
If I had done it intentionally and was looking for some type of monetary settlement, I'd be looking for far more than the amount of repairs done to my vehicle. I think. But that's not the type of person that I am. So I can only speculate on what someone doing something fraudulent would do.

I think there's this huge misconception that because you collide with a stationary object that you are automatically a hundred percent at fault. It's simply not the case.

I would think they would rather pay me a grand to settle the case instead of a couple thousand for an expert. But an expert wouldn't do them any good anyway.

I mentioned this before but it was earlier, the facts are not in contention.

In other words, there is no argument as to what happened. Just whether or not they were negligent under statute or common law. Or I was in fact the negligent party.

I think most people would agree, that it would be poor precedent to encourage people to park however they like, creating a hazard, with things protruding from the back of their vehicles in a manner that is not visible to other drivers--whether this was a basket attachments, wheelchair lift, or steel spike; I don't really see the difference between this and a steel spike.

Drivers should reasonably be able to anticipate where the end of a vehicle is. This is why there are laws and statutes requiring that lights be a certain height off the ground and the same with bumpers.

Nobody should have to pay for damage done to their vehicle because they collided with something protruding from another vehicle that no reasonable driver under the circumstances would anticipate. Unless of course, that other vehicle's driver/owner had taken reasonable measures to make that protrusion noticable. That's part of my argument and I'm sticking to it.
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  #107  
Old 12-26-2013, 05:46 PM
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Re: 2014 Limited damaged in parking lot

i am very interested to see the outcome of this though. I always figured if i hit something that is stationary, then it is my fault. Depending on your outcome, i might have to think things more carefully in the future.
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  #108  
Old 12-27-2013, 08:30 PM
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My case was dismissed because a document I filed never reached the judge. The court said it happens and to file a motion to set the dismissal aside so thats what I'm going to do. I'll update when something new happens.
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