Mormon Mentality - Thoughts and Asides by Peculiar People » CAution: Shameful Use of the Internet Ahead

By Living in Zion

Oct. 16th, 2012 at 4:26 am

I wasn’t going to post anything on the internet about this, but it is 3am and I woke up with a start. I’m not going back to sleep anytime soon, so I decided I needed to come clean and reach out to my knowledgeable ‘net friends. Here goes:

You know those commercials on tv from lawyers who say “If you have been hurt in an accident, don’t settle with the insurance. Call us and we will fight for your rights?” Yeah, those lawyers.
I’m being sued by one of them.
A few months ago I got hit by a motorcycle rider. He broke his pelvis. Yesterday a Sheriff dude showed up at my house and served me court papers. I am being sued in civil court by the motorcycle rider. I have 20 days to file a response with the court. I don’t even know exactly what the papers mean, but they do say in capital, underlined print to get legal council.
Anyone out there in ‘Netland have experience in dealing with this kind of situation?

My car insurance company thinks I didn’t cause the accident and is headed to Arbitration with my accident. I don’t think I am at fault and am headed to traffic court in Dec. to fight the ticket I got for improper lane usage. I have a witness to the accident who says it wasn’t my fault.

Now what and how messy/expensive can these legal fights get?

I may not sleep again for a year.

The line for bonafide lawyers willing to help me, please form a line to the right.

The line for people who have been through this and can tell me what to do, please form a line to the left.

Everyone who wants to reach out and hug me, bring chocolate, or otherwise make me feel better, please form a line in the middle.

If you only knew the rest of the crappola Rob and I have/are currently dealing with, you would know this legal stuff is officially our tipping point.

Last night, while out late night grocery shopping to get away from our lovely grown children who have all moved back home, Rob asked me in the bread aisle why God is punishing us. I laughed and replied, “It seems pretty obvious we are supposed to be learning something from this experience.” Rob asked what we could possibly need to learn. I said, ” People are stupid.” Rob put a dessert for stress eating into the cart and said, “Word.”

1. Kramer

Tue, Oct 16, 2012 @ 5:24am

Since lawyers are liscenced to practice in specific states, you need to let us know where you reside.

2. living in zion

Tue, Oct 16, 2012 @ 8:29am

Iowa. Land of Corn, Soybean and Political Hot Air.

3. Jota G

Tue, Oct 16, 2012 @ 9:28am

LIZ,

Have you presented the suit to your auto insurance company? Many insurance policies provide that they will defend you against lawsuits.

Do you have an umbrella liability policy separate from your automobile insurance? Usually it is through the same company that provides your homeowner’s policy. Your homeowner’s policy itself may also provide some liability coverage. Look at these and if they provide coverage, you should tender the suit to those insurance companies as well. Those coverages usually kick in for liability above what your auto insurance covers.

Most of these fly by night lawyers aren’t interested in actually taking you to court. They’re interested in getting a settlement from your insurance company. Quick in, quick out. Their client often doesn’t get any more than they would have gotten just filing a claim, but they pay their lawyer 30% for the privilege of being represented.

4. Last Lemming

Tue, Oct 16, 2012 @ 9:30am

As distasteful as it seems, your future lawyer (and you absolutely must get one) is likely to advise you to countersue. Maybe even for an exorbitant amount. But that is just to force a settlement, hopefully one that covers your legal fees. Good luck.

5. living in zion

Tue, Oct 16, 2012 @ 9:43am

I called my car insurance company at 8:03am (gave them time to get to work, unlock the door and turn on their computers) and they said they will handle it! Even though I only have liability insurance on my old crappy car, I am covered. I might end up in court, months from now to testify about the accident, but at least I don’t have to drop my family, go to law school and get a degree in Car Accident Law. Whew……one crisis averted. Now that just leaves the other 7 major, chronic life problems with no easy solutions to go.
Did I mention lately that our Bishop said that on the scale of Life Stressors, Rob and I have hit all the top 10 within our family in less than 6 months. So, so proud. We are amazingly efficient in our crisis stacking.

6. Proud Daughter of Eve

Tue, Oct 16, 2012 @ 11:17am

*lines up in the middle with home-made quinoa-flour chocolate chip cookies* So sorry to hear you’ve got so much on your plate, Living in Zion. When I’m in the pressure-cooker I try to think of it as part of that “thy dross to consume and thy gold to refine” stuff. It’s terrible to be there but it will end someday.

(BTW, the cookies are really good. I only made them because I had a fun new cookbook but they’re also gluten-free.)

7. John Mansfield

Tue, Oct 16, 2012 @ 11:28am

In case you’re interested, it may not be the motorcyclist pushing the law suit. A few months ago my son broke his finger playing in our yard. The medical insurance company sent us a letter requiring information about where the accident happenned; i.e., was it in a car so the medical insurer can pass on the bill to an auto insurer, or was it on someone else’s property so that person can be sued? I felt relieved there was no one else involved to become a legal target of Aetna.

8. living in zion

Tue, Oct 16, 2012 @ 12:02pm

#7 – John – that would explain one mysterious part of this. My car insurance guy was super surprised court papers have already been filed. Its only been 5 weeks since the accident and normally it takes a while before it goes to court. Maybe his medical insurance is a player in this.
#6- Proud – I am eating gluten-free! Send me cookies!!!

9. Bookslinger

Tue, Oct 16, 2012 @ 7:15pm

Pelvic fractures are big deals. Pray for him.

10. living in zion

Tue, Oct 16, 2012 @ 8:24pm

#9 – I would pray for him, if he would quit trying to sue me long enough for me to form a coherent thought on his behalf.

11. IDIAT

Wed, Oct 17, 2012 @ 10:15am

I am not a “Trial Lawyer” and have never wanted to be. However, it takes all kinds to make our system work, and yes, your insurance company has a duty to defend. My guess is the attorney for the motorcycle rider may have had to file something formal to prevent the statutue of limitations from running while the arbitration stuff runs its course.

12. annegb

Wed, Oct 17, 2012 @ 10:33am

Is it possible there were cameras on a building somewhere?

13. Tiger

Wed, Oct 17, 2012 @ 6:42pm

#9 & #10–I think Slinger was referring to the part in Matt 5:44 about praying for “them which despitefully use you and persecute you” via litigation.

14. MCQ

Thu, Oct 18, 2012 @ 2:52am

My guess is the attorney for the motorcycle rider may have had to file something formal to prevent the statutue of limitations from running while the arbitration stuff runs its course.

Good guess, but no. The statute of limitations is years (4 years in Utah and most other states). No need to file anything anytime soon.

15. living in zion

Thu, Oct 18, 2012 @ 11:48am

#13- Tiger – I only believe the Bible to the extent it has been translated correctly. Nice Try.

16. Bookslinger

Thu, Oct 18, 2012 @ 7:44pm

Liz, you can pray for his quick recovery and healling, that he suffer no lasting negative effects. You can pray that he be motivated to be totally honest like you are. You can pray that the missionaries somehow meet up with him and offer to teach him the gospel. You can pray that he accept the gospel. You can pray that the Lord motivate him to do the right, honest, and just things in regards to the accident and all claims and possible litigation, and that the Lord will guide you in doing the right, honest and just things too.

Remember, he’s a potential investigator.

17. NewlyHousewife

Thu, Oct 18, 2012 @ 8:30pm

Book, so are the child molesters and mass murderers. Telling someone to pray for someone they’re angry over is a cop out. Its LiZ’s prayer, let her do with it what she sees fitting.

Personally, I see that scripture only applying if one is unable to move on. Forgive does not mean thanking, offering, or helping the person who has hurt you. It is moving on with life without that person dictating it.

18. Bookslinger

Thu, Oct 18, 2012 @ 11:24pm

NH: I did not suggest that LIZ forgive, thank, offer, or help the guy; just pray for him. And as far as we know, he’s not a child molester or murderer, he’s just a guy who got badly hurt in an accident that the cops (mistakenly, according to LIZ) say is LIZ’s fault. So far, he seems to be acting rationally, seeking compensation for injuries that he has good reason to believe (because the cops gave her a ticket) are Liz’s fault. It sounds, from LIZ’s description, that the cops improperly investigated the accident. Well, that’s her side of the story. We haven’t heard the injured mans’s side.

If the man is honestly mistaken, we could pray he comes around to realize and admit the truth about what happened. If he’s lying, we could pray his heart is softened, and that he will tell the truth. If he is telling the truth, we can pray his medical bills and just compensation for suffering don’t exceed LIZ’s policy limits.

Prayer may not change the other guy, but praying helps us get in sync with God’s will, and to see the other person as God sees them, and opens us up to understanding things in their true light, as God sees the situation. The purpose of prayer is not to change God’s mind, but to get ourselves in line with God’s will.

19. annegb

Fri, Oct 19, 2012 @ 1:01am

Seriously, LIZ, you should check to see if any of the businesses around had surveillance videos. Somebody might have the accident on there. It’s a long shot, but maybe……

At this point, I might sue him for the nervous breakdown he’s giving you. Go to the Bahamas.

20. MCQ

Fri, Oct 19, 2012 @ 4:01am

I might sue him for the nervous breakdown he’s giving you.

That would be an incredibly bad idea. You would lose and waste everyone’s time and money.

21. NewlyHousewife

Fri, Oct 19, 2012 @ 10:32am

Book, it seems redundant to have a person who is hurt pray for the person that hurt them. LiZ has every right to process her feelings, before thinking about involving the offender in her private, sacred prayers.

22. living in zion

Fri, Oct 19, 2012 @ 11:43am

Book – I am thinking of how completely annoyed I was years ago when kind, loving church members told me the way to heal from years of ridiculously insane child abuse was to read my Book of Mormon until my heart softened, then pray for my abusers. Like that was the magic 1,2,3 steps to making Everything Rainbows and Sunshine.
Of course, they were not wrong in their advice.
But their timing completely sucked.
Someday, when I am not feeling threatened with homelessness and losing every stupid dollar I managed to save (Lesson Learned: Don’t bother with a savings account. Take the Alaskan Cruise right away and screw your old age. You won’t get to enjoy it anyway.)
I will be able to have a charitable twinge in my heart. Until then, the only thing I will be praying for is his alcoholic liver to fall out before I have to go to court. Him going back to Heavenly Father would be a nice ending for him and me.
Timing is everything, my dear.
I need a hug.

23. annegb

Fri, Oct 19, 2012 @ 9:20pm

I think you need a yenta to slap that stupid kid around. Because he knows he was at fault. I hate when people lie about stuff like that. Sending a hug, figuratively.

I don’t know all about the converting him and stuff, but this is the time when I pray for God to hurt people and save me. Sometimes He saves me. He’s never smashed anyone to a pulp, though.

24. Proud Daughter of Eve

Sat, Oct 20, 2012 @ 11:07pm

Let us know how everything works out, Living in Zion. In the meantime, I don’t think I can actually send you the cookies (the mail doesn’t usually like taking food internationally and they’d probably be stale by the time they arrived anyway) but I can give you the recipe if you’d like. :)

25. Captain America

Tue, Oct 23, 2012 @ 3:18pm

LiZ! That’s a joke. A horrible, not-at-all-funny joke. I hope that the insurance company can resolve it all on your behalf.

In the meantime, know that there are people who live around you who are willing to help how and where they may. So just let us know if there’s anything we can do to assist – you, Rob, and the fam don’t have to suffer through all this stuff without a helping hand.