I'm being sued ??(Update) Dismissed!!

[68bucks]

I received a "Write of Summons" in the mail awhile back from Baltimore city court house that I am being accused of causing an accident on I-95 highway, the letter also stated that I was to appear in a pre-trial hearing in June.  OK, So I write what I know about the accident, which is absolutely nothing because I wasn't there or did I witness an accident on the date stated in the letter or any other time for that matter, and send it back to the court house and everyone else that was on the list (Esquires, Plaintiffs) as required.

Well I don't know if they liked my letter because they moved up the pretrial  to 4-21 and I get another notice that the Plaintiffs are requesting a Jury trial. So now I'm getting a little worried and really can't afford a lawyer especially for something I didn't have any parts in.

I did speak with the Plaintiffs Lawyer to find out why they think I'm involved and he tells me that my name is on a Police report from the accident as a driver of a old bus that was broken down and obstructing traffic and his client swerved to miss the bus and caused another car to crash and since he had swerve to miss my bus it's my fault. I tried to explain to him that It was not my bus and I was not there and have no idea how my name or address got on a Police report, he just said I should seek council.

I have followed the procedure to obtain the Police report by automated system, but it apparently did not work, because it never showed up so I'm heading to the Police dept. tomorrow to see if I can get it in person to hopefully see an obvious mistake.

 I planned on going to the pretrial without a lawyer and hoped that the people involved would realize that I'm not the guy and I wouldn't have to come up with the funds to pay for a lawyer, but I'm not sure if this a good idea. What if they don't remember what the actual misidentified  person looked like? Not sure what I should do?

Thanks,
Dave.

[AzPete]

Call around. Several lawyers will do like a $50 consult to tell you where you stand. Just have as much paperwork as you can to go with you.

[95GT]

I would go talk to the city attorny and explain what is going on. Tell him flat out you were not even there and your planning on sue the local police department for misusing your name. You will get his attention.

[RyanG85]

Personally, I would not spend a cent on a lawyer. Do you have any proof of your wear abouts at the time of the accident? Can you run the info on the bus to see who owns it?

[68bucks]

The info I currently have doesn't give a time of day of the accident, but the 8th of Dec. 08 was a Monday which would have put me at work and in my company F-150, Problem with the alibi is I'm Salary and I am considered overhead and not required to keep a timesheet or a log for my daily work load and nobody I work with would recall my days activties for that date. I will dig a little more though to see if any of my crews from that time might have something in their logs.

I was told the bus is a 68 GMC. I am going to also make a visit to the DMV after I hopefully get the Police report and see if I can get more info on it.

Thanks.l

[SAC69]

I work in the claims dept of a insurance company and every once in awhile one of our insureds would get a nasty letter from a plaintiff's attorney claiming they were involved in an accident, although it never was at the stage where someone was summoned to court.   It's simply a case of mistaken indentity; you happen to have the same name as the driver of the bus and the lazy plaintiff attorney has not bothered to confirm the actual parties in the case.  If there is a police report with the name of the bus driver, there should be his driver's license number and the lic plate of the bus on the report and you can show these to the court to confirm you are not the bus driver.  You will need to go to the police dept and request a copy of the p/report or just call the plaintiff atny and have him fax it to you.   Good luck.

[guruatbol]

The burden of proof that you were there is the plaintiff's.  The Police report is the first thing you need to get a copy of.  You will get all the info from the bus.

Get the Police report first, read it and see what it says.  You will be able to get date and time.  Figure out what you were doing on that date and time and get a witness. 

Then you just clam up until discovery.  When you show where you were and what you were doing and you were not there, you ask for dismissal.

Then you counter sue for your expenses since you were falsely accused.

Mel

[beach pony]

I work in the claims dept of a insurance company and every once in awhile one of our insureds would get a nasty letter from a plaintiff's attorney claiming they were involved in an accident, although it never was at the stage where someone was summoned to court.   It's simply a case of mistaken indentity; you happen to have the same name as the driver of the bus and the lazy plaintiff attorney has not bothered to confirm the actual parties in the case.  If there is a police report with the name of the bus driver, there should be his driver's license number and the lic plate of the bus on the report and you can show these to the court to confirm you are not the bus driver.  You will need to go to the police dept and request a copy of the p/report or just call the plaintiff atny and have him fax it to you.   Good luck.

I think this is the smartest path to take.

[68bucks]

Insurance was another question. Why haven't I been contacted by anyone's insurance or issued a citation for  obstructing traffic on a major interstate. My driving record is still clean to date.

I will try for the report today at the Police dept.  I didn't know that the Plaintiffs Lawyer would send me a copy, I will definitely request it if I have problems at the Barracks.

I'm glad I posted this on here... Everyone's response has been positive! I truly appreciate it!

Dave.

[blue65coupe]

As mentioned, police report first.  Then the DMV.  Show it is not you and then a nice visit to the DA and call to the attorney.  You don't need to spend a dime.

[JeffTepper]

At the risk of stating the obvious, if you have an automobile liability insurance policy, it most likely includes cost of defense.  Contact your insurance claims office, open a claim and tell them you have been sued.  An attorney will be assigned to defend you.  Don't talk directly with anyone involved in the lawsuit, let your lawyer do the talking.

[SAC69]

At the risk of stating the obvious, if you have an automobile liability insurance policy, it most likely includes cost of defense.  Contact your insurance claims office, open a claim and tell them you have been sued.  An attorney will be assigned to defend you.  Don't talk directly with anyone involved in the lawsuit, let your lawyer do the talking.

This is good advice that I should have addressed, your carrier is obligated to investigate the loss and provide a defense,  I'm not sure about your state, but here in Calif, when a defendant is served with a Summons & Complaint they have a limited amount of time to respond to the complaint or are presumed to be guilty by default. I would get a copy of the P/R and call your carrier, no need to await the P/R before calling your carrier.

[daveSanborn]

The info I currently have doesn't give a time of day of the accident, but the 8th of Dec. 08 was a Monday which would have put me at work and in my company F-150, Problem with the alibi is I'm Salary and I am considered overhead and not required to keep a timesheet or a log for my daily work load and nobody I work with would recall my days activties for that date. I will dig a little more though to see if any of my crews from that time might have something in their logs.

Dig a REAL BIG hole in the ground and bury the bus in your backyard.... and then grow weed in the bus.

From my local news.....

http://www.witn.com/home/headlines/81361517.html?storySection=story

[66gt350]

I'm surprised there hasn't been that done out here in the land of the fruits and nuts -- The People's Republik of Kalifornia...where they're trying to get it on the ballot this Nov. to legalize weed not just medically, but totally!!

[Flysure1]

I also was thinking your insurance co would defend you--be carefull they don't settle without them showing you everything they have agreed to, your own company might sell you out if they think it is cheaper for them to do so, I would try the police dept where it was supposed to have happened at and go from there, I probably would not spend any of my own money till I absolutely felt I had to.  Good luck!

[RustyRed]

Most if not all employers keep a record of vacation and sick days used.

One would assume if you didn't call in sick that day and you weren't on vacation then you were at work.

Do you have any old calendars to show what jobs / appointments you had that day?

I agree the first thing to do is get a copy of the police report. 

[68bucks]

Up date on my dilemma.

First of all, not that he will see this, but I owe a great deal of appreciation to Md. State Police officer that helped me today!! Although I went to the wrong Barrack for the P/R, he spent about two hours with me investigating it anyway!
After I  received the report he explained that I was listed as the owner, not the driver of the vehicle that caused a 5 car pile up at 1:07AM
The vehicle is listed as a 68 GMC bus but the Vin and Tag # on the report is from my 68 Mustang which he confirmed running MVA records there at the Barrack, he also stated that the bus was badly damaged and had to be towed. He then ran the MVA records of the driver of my 68 GMC Bus listed on the P/R and found that he owned a 62 GMC bus with a Tag # Identical to my Mustang except the two last digits are reversed (the last two on mine are 92 and his are 29) State law will not allow him to release MVA record generated at the Barracks, but what he did was write a letter stating his findings and the fact the the tag # was on the P/R wrong and signed and date stamped it. He told me that he most likely be summoned for this, but I told him I would buy him lunch if he were!

I guess my next step should be to let The Insurance company the insures my Mustang know the situation and pass on all the info, but I would kinda like to do what Mel said and "Clam up" and go to the Pre-trial and and let all the Plaintiffs spew how they hit my 68 GMC bus and then break out photos of my undamaged Mustang and the letter the officer wrote and ask to be dismissed! That would be Awesome!

Thanks,
Dave.

[silverblueBP]

and then counter sue, pain & suffering, dragging your good name through the mud, the fact that they are incompetent, dumb pucks! Add enough to take the LEO to lunch too  :ecit

[tarafied1]

I'd be careful getting your insurance involved. I was once accused of running a lady of the road. She described a car to the police that she claimed pulled out in front of her and forced her off the road. The police searched the area business parking lots in the following days and found my car fit her description. She didn't have a licence plate number but the police called me, and asked me a bunch of questions. Anyway, long story short, my insurance defended me but my rates went up even thought we won the case because it cost them money to defend me!

[Sluggo]

I would contact the lazy attorney, reveal my hand and suggest that he clean up his mistake.

Layin' it on him at pre-trial would be pretty sweet too.

Where's Kevin at? Didn't he say he was a Lawyer?

[RustyRed]

I'd consider counter suing them if it were me.  Surely you had to waste your time and had stress and mental anguish over this right?

You could get an attorney to take it on a contingency,  i.e. if you don't win / collect then you owe the lawyer nada.

You'd think someone would have been more careful to check the DMV records and realized you don't own an old bus.

[guruatbol]

Dave, I would not get my insurance involved at all!  Period no matter what!

All insurance companies are your friend until you file a claim and then your premium goes up the next time you renew.  These companies will use any claim as an excuse.  Sometimes they will sell you out and settle because it is cheaper.  Don't let this happen.

In my experience in court which is extensive since I worked in corrections it seemed that I was always testifying about something.  Someone was always suing me.

In my experience you should get your evidence together and drive the Mustang to court.  Before you go to court you should file a counter suit.  Why you ask go through the trouble?  This nut case attorney will always try to get something for nothing and file frivolously against people that have nothing to do with the case until he and his clients are hit a few times with some accountability.  Keep track of all the time you spend on it because there is a value to it and you have damages that need to be reimbursed by this dip stick.

Anyway when you go to court you will want to make a motion for full dismissal of your part of the case.  Don't worry about the legal terms the Judge will understand you are not a lawyer and cut you some slack.  Tell him you have no choice but to represent yourself as you can not afford an attorney and you were not even there.  Ask to admit your evidence into the case.   The Judge will ask what it is and you will be able to explain it.  Provide the evidence and offer for them to see the VIN of your car in person if they wish since it is present.

The Judge will dismiss the case and you will most likely be awarded a win for your counter suit for your damages.  Don't forget you have damages to your reputation as well as time and fees to do your investigation.

Do not talk to anyone about your case.  Do not talk to anyone that is not in a courtroom and just answer the questions simply and with yes no answers.  the less you say the better!

Mel

[68bucks]

It now appears I'm being sued by another person involved, this is going to get interesting.
Maybe I should follow the advise of finding a lawyer that might be interested in counter suing on contingency, I've never been one to be sue happy, but the comments on the lazy attorney make sense since I did ask him if he checked MVA records to see that did not own a 68 GMC Bus, and his response was that he only needs to go off the info that was on the P/R. Also the obvious owner and driver of the Bus has had all the same correspondence as I have and access to the same info, yet he remains quiet about the fact that I obviously do not own the vehicle and is apparently hoping that I will take the fall with him.

Thanks again,
Dave.

[AzPete]

The entire bunch involved will eventually sue you if nothing stands in their way. The true owner of the bus may have no idea of the legal proceedings if the "other" side thinks you own the bus. The right lawyer on your side could be interesting for sure.

Your ins. company should never get involved because they were not insuring a vehicle in the accident.

This could get drawn out if not careful. You do know our court systems are not perfect.....

[silverblueBP]

Find an attorney (really, WTH is Kevin when you need a hack?) and counter sue every piece of crap that is too lazy to get the facts right.

I'm getting pissed and it's not even my business.