lawsuit | Imamother

amother

Mon, Jul 28 2014, 9:38 pm

I am not going into details (for privacy reasons), but there was an incident almost 2 years ago with my neighbor. It was my fault and I told her right away that I will pay for her medical bills. She declined and we even became somewhat of friends. Definitely friendly and helping each other. Our kids play together. Now (almost 2 years later) I get a letter from her lawyer about an incident. What gives?? I am just speechless. I have thought of all scenarios why she is doing it and the only reason is to get money from us, which we don't have. We did not even have a renter's insurance then. I would have paid her medical bills/physical therapy bills. I offered, more than once. I just don't know. I am not angry, just disappointed.

smilingmom

Mon, Jul 28 2014, 9:56 pm

First of all, who said it was your fault?
Most accidents or injuries occur when each side is partially responsible.
Perhaps she should have been more careful or aware?

You can speak to the owner of your house, to see if they have insurance that may cover the incidence.
If not, consult with a lawyer of your own.

Do not speak to or admit anything to the neighbors lawyer....

amother

Mon, Jul 28 2014, 10:54 pm

My husband was involved in a car accident (his fault) which was handled through his insurance. He got a summons for a lawsuit almost 2 years later. I learned that the plaintiff has 2 years from the accident to file a lawsuit, which explained the timing. I also learned that even though the summons was sent to him, it was really meant for his insurance company.

It could be that your neighbor is really trying to recover expenses from an insurance company, not you. I agree with smilingmom's advice to see if the homeowner was covered by insurance at the time of the accident. If so, they will probably handle it.

My husband's accident ended up being settled in arbitration for significantly less than the amount the plaintiff had originally requested. The attorney the insurance company hired told us that's how it's usually done.

amother

Tue, Jul 29 2014, 1:24 pm

OP here. My husband called the lawyer and she is suing us to cover her medical bills. The lawyer's assistant didn't know for how much. I just thought as a frum Jew you are supposed to try to resolve things through Beis Din before going to secular court?! Am I wrong or just plain naive??

I thought about asking her what gives. At this point I don't want to speak to her. I even think that we are not allowed to talk since she is suing us. I see her quite often through my line of work and even got a call from her this morning (she did not leave a voicemail). I am having a very, very difficult time here judging favorably. Sad

I am not worried about paying for her medical bills. After all, I offered in the first place. I am so upset that another fellow frum Jew can do that! Oh, and what makes it even more upsetting, and I am beginning to believe why she is doing it know, is that they are moving away in a month. It just blows my mind how can another frum Jew invite you over for Shabbos, send her kids to play with yours and then BOOM!

cfriedman2

Tue, Jul 29 2014, 1:29 pm

op I know you are upset but understand that she is asking you to cover her medical bills. she has not said anything else about punative damages. You did admit that she hurt herself at your house and you are ok with paying the bills. I would not take it personal. Have your insurance company deal with it. She may have thought that bringing a case would be easier than asking you directly for the money since it will now go through your insurance company and not you directly. Has she been seeking medical attention since the accident? I know when I was in a car accident they couldnt bring suit until I was done with my pt.

debsey

Tue, Jul 29 2014, 1:32 pm

GET A LAWYER.
Don't talk to her. Don't do anything. Normally, I'd be with you and try to resolve things amicably. But once she gets a lawyer involved, you could end up in the hole for more than you can imagine.
DON'T TALK TO HER ABOUT IT. I don't know what state you are in, but many states (NJ is one) are single party consent states. Meaning, she can talk to you and secretly tape you and it will be admissible in court. So you could be having what you THOUGHT was a friendly chat over coffee and say something like "I'm so sorry you got hurt, it was totally my fault, I'll be glad to pay your medical bills" and that could go as evidence. Then when she's suing you for things like her nanny to care for her kids because she's so debilitated and her therapist to cover her PTSD, plus the loss of income from her job......there go all your financial hopes and dreams.
Be smart. Get a lawyer. Do exactly what the lawyer says. Once she takes the gloves off by involving a lawyer, you need one too.
I've been sued. I know whereof I speak. The "Frummest, nicest" person can turn into an evil twin the INSTANT the jingle of money can be heard. Sorry if I sound bitter. But I've been burned, and you seem like a nice, naive person. Learn from my mistakes.
debsey

Last edited by debsey on Tue, Jul 29 2014, 1:35 pm; edited 1 time in total

amother

Tue, Jul 29 2014, 1:44 pm

Btw, we did not have a house insurance at the time. We just moved and just did not get around to it yet. I am taking it personally because all she needed to do was to ask. especially since I was telling her many times if there are any medical bills or anything else, to please let me know. I helped her around the house after the incident. I helped with cooking. Now I am not hurt, I am very angry. I am not naive, just trying to judge favorably ;-) thank you for great comments and advice.

amother

Tue, Jul 29 2014, 1:52 pm

amother wrote:

(1) You need an attorney.

(2) You need an attorney.

(3) You need to stop admitting its your fault. Bad idea. You may feel like it is, but you don't know if it is, legally.

(4) This may be a subrogation claim. That is, her insurance may be trying to recover money it paid. See http://www.dmv.org/insurance/subrogation.php for an explanation.

(5) See (1)

(6) See (2)

self-actualization

Tue, Jul 29 2014, 2:07 pm

I know that this is going to sound CRAZY, but please try not to take it personally. Her insurance might be forcing her to sue in order to recover money (like in a car accident Geico tried to fight against the other driver even though neither of us were at fault).

That's likely why it took two years and she didn't know about it beforehand. Maybe the insurance lawyers told her not to talk to you so that whatever she says won't be used against her. Do you know that sometimes the insurance even makes people sue their parents or kids!

Plus, if you don't have renter's insurance, her lawyer will figure that out right away, and he may just try to "join" the homeowner into the lawsuit or go a different route. The worst thing for you to do is to start a fight with your neighbor.

amother

Tue, Jul 29 2014, 2:27 pm

OP here. On the letter is states that she is the claimant, not her insurance. I will be getting a lawyer for sure.
Like I said before, for privacy issues I cannot go into the details about what happened. it was not a car accident or an accident involving property. Due to the accident she had to see a doctor and receive PT.

amother

Tue, Jul 29 2014, 5:38 pm

OP again. And everything aside, if you decide to sue, then why are you still sending your kids to come over and play with mine??? seriously, is this normal? I mean I have met plenty of strange and beyond strange people in my life (I have worked in mental health field for many years), but this type of behavior I have never ever encountered. I am also planning to speak to our Rabbi. Maybe he can give some insight.

amother

Tue, Jul 29 2014, 5:45 pm

amother wrote:

The insurance company doesn't have standing to sue. See the link about subrogation.

amother

Tue, Jul 29 2014, 6:07 pm

amother wrote:

my neighbor cleared the forest in his backyard and built a retaining wall. He cleared into my property and dumped the dirt into my side. We have approached him and asked him to clean up our part. I am getting a quote for a fence and considering putting one up. If my neighbor doesn't clean up his mess soon I plan on hiring someone and billing him.
I am upset that it never accured to my neighbor to be concerned about propery lines. That being said, we do carpool together and their kids even babysit for me. Why should that stop? I need to deal with the mess they made for me and probally purchase a fence I can't afford.

amother

Tue, Jul 29 2014, 6:20 pm

[color=Font Color]OP again. And everything aside, if you decide to sue, then why are you still sending your kids to come over and play with mine??? seriously, is this normal? I mean I have met plenty of strange and beyond strange people in my life (I have worked in mental health field for many years), but this type of behavior I have never ever encountered. I am also planning to speak to our Rabbi. Maybe he can give some insight.[/color]

There are some people who separate things and don't see things in a global way. My brother was involved in forcing a guy to give his wife a get. Unfortunately, things got physical ... Later my brother drove the guy home and bought him some bagels on the way and he said 'I hope you don't take what happened personally.' and he really meant it.

I'm sorry you are going thru this.[/b]

amother

Tue, Jul 29 2014, 10:50 pm

amother wrote:

Op here. That is not nice at all. My family follows a very simple rule: don't do to others what you would not want done to you. and even if you are ok with what is being done to you, another person might not like it and therefore do not do it. If I were your neighbor, I would ask for your permission to build the wall first and then I would clean up the mess. It is just simply a decent thing to do.

Again, what is really bugging me about my neighbor is that as a frum Jew she did not go to the beis din and just did a very lowly thing. She is trying to get money. She told me recently they are having money problems. How do you think it will look in court?? With everything that is happening now in Eretz Yisrael now more than ever it is so important to be nice to each other. My husband is going to speak to our Rabbi tomorrow and we got a contact number for a good lawyer.

PAMOM

Tue, Jul 29 2014, 11:06 pm

OP , if you are in the US, read the info posted here on subrogation. I once was sued over a year after I rear- ended someone. My insurance paid for her car damage but she had to go to PT. She filed with her health insurance to pay that, they paid, ran a routine check way later ( should have sent the paperwork earlier to her but didn't) and told her she haas to reimburse the money they had out out. The easiest way for her to handle this was to due me and have my insurance company settle for the amount she owed plus a bit. She may well be too embarrassed to talk about this to you, and going to a bet din wouldn't solve the legal problem for her.
I can't remember whether you said you were renting. If so, not having had insurance may be a violation of your lease so get a lawyer sbd stop being angry at a situation that may well be our of your neighbor's control.