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FL - Defendant in a Person Injury lawsuit

  • Thread starter Thread starter Koevoet
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K

Koevoet

Guest
FLORIDA

This evening 04-22-2003 I was served a summons from attorneys for my ex-girlfriend, it was dated 04-02-2003 by the court in West Palm Beach, FL. I now reside in Hoffman Estates, IL. The server was in regular clothes and did not ask me to sign for the papers.

The summons is for ‘Complaint for damages and demand for trial by jury’ and is an ‘action for damages in excess of $15,000.00 exclusive of interest and cost’. The count is ‘Negligence’ arising from a November 7, 1999 motor vehicle accident. The defendant claims that I ‘owed the plaintiff a duty of reasonable care in operating and/or maintaining the concerned motor vehicle in a safe and prudent manner’ and ‘That at the subject date, time and location, the defendant breached his duty of care and negligently operated and/or maintained the said motor vehicle so that it collided with another vehicle’ and ‘That as a direct and proximate result of the negligence of the defendant, the plaintiff suffered bodily injury and resulting pain and suffering, disability, disfigurement, mental anguish, loss of capacity for the enjoyment of life, expense of hospitalization, medical and nursing care and treatment, loss of earnings, loss of the ability to earn money and aggravation of a previously existing condition’ and that ‘The losses are either permanent or continuing and the plaintiff will suffer losses in the future’!

Here are the details of the motor vehicle collision: I was driving my vehicle on the date with my ex-girlfriend as a passenger, I was wearing my seatbelt, and she was not. Another vehicle reversed out of a blind driveway into the road, and I did not even have a chance to brake. I believe I was traveling about 35 mph when I collided with the other vehicle. Both driver and passenger airbags deployed and my ex-girlfriend received superficial burns from the airbag explosion to her face as she was thrown forward because she did not have her seat belt on, like I always used to ask her to do. I received no injuries at all, and was able to exit the vehicle and help her out; she requested for an ambulance and was taken to hospital and released later that day. I received a ticket for either negligent or reckless driving, but hired a lawyer to represent me and the charges where either dropped or adjudicated or I was found not guilty, I’m not sure which.

A few months after I found her cheating on me with her ex-husband and attempted to get her out of my house, she refused and even called 911 when I told her to leave, claiming I was threatening her. No charges were ever filed against me. I eventually hired a lawyer to evict her, due to her apparent mental instability, my lawyer advised me to leave when he served her with a registered letter, so I left the country. When I returned, she had left my house but had taken all of my possessions, including the light fittings and cable box! At this time I found at that she abused alcohol, prescription pain medication and also used narcotics, and that she had been telling her friends that I was abusive! I heard that she was attempting to sue both my insurance company (Progressive) and BMW, so I phoned both their legal departments and told them of her pre-existing conditions (since I had known her she has claimed to have severe migraines and necks problems and has at times before the accident required hospitalization for her migraines).

I am now married, with a son, and another child due in August, I filed bankruptcy a year ago and owe the IRS approximately $24,000.00 which I am paying off. Everything I know about this woman tells me that she is some sort of ‘professional victim’. I was wondering if my recent bankruptcy or the fact that it took her just over 3 years to file would have any bearing in this case.

I appreciate you taking your time to read through this long-winded mail and would really appreciate any response or advice anyone would have for me.

Thank you.
 


1.) Have you turned the suit papres over to your insurance company?

2.) You have 20 days to file an answer to the complaint.

3.) The statute of limitations in FL on 3rd party auto claims is 4 years.
 
K

Koevoet

Guest
Hi Juan,

Thank you for your reply. In answer to your question:

1. I have left 2 messages with my old insurance company today and am waiting for a call back from them. According to my current issurance company, who looked up the claim, she has already been paid $10,000 in Medical and $12,000 in Liability by them.

2. Is the twenty days from the date the case was filed, or from the date I recieved the summons?

3. Thanks, but does that mean the case now has to be settled in the next 7 months, or just that she can't file suit after 4 years?

Thank you again.
 
The statute of limitations is for filing.

The 20 days starts they day you are served.

You will need to be more agressive with your old carrier. Contact their home office and legal department.

Try the DOI Help-line for contact numbers & names: 800-342-2762
 

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