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Benedict_Arnold's picture
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Random non specific grumble thread

Post all your grumbles here folks.

You know. Wine guns don't taste like they used to... How Brexit will affect the price of plywood... The council won't fix my driveway....

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Having spent 3 years (after

Having spent 3 years (after back surgery) getting myself into the best physical shape that I've been, in for 20 years...I pushed a little too hard, damaged my back and have spent the last 4 months going backwards. I'm now having to build it all up again, which will take around 1.5 years. Dash 1

I have to do a lot of swimming....but not the Breast Stroke, that I can do; but Front Crawl, at which I'm shyte. Unknw

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^ I strongly sympahise. 30

^ I strongly sympathise.

30 or so months ago we got rear ended while stopped in a line at a red light.

The CLK63 suffered little damage, mainly because a 2 tonne convertible is built like a German tank, and because I only had my foot lightly on the brake, but my right shoulder rotator cuff got thrown out and the wife got a whiplash.

The other driver's insurance has offered a pittance in settlement and I can't afford the surgery on our current crummy health insurance.

Think the NHS is terrible? Try living without it before criticising.

We're due in Court this year. Finally.

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Benedict_Arnold wrote:

Benedict_Arnold wrote:

^ I strongly sympathise.

30 or so months ago we got rear ended while stopped in a line at a red light.

The CLK63 suffered little damage, mainly because a 2 tonne convertible is built like a German tank, and because I only had my foot lightly on the brake, but my right shoulder rotator cuff got thrown out and the wife got a whiplash.

The other driver's insurance has offered a pittance in settlement and I can't afford the surgery on our current crummy health insurance.

Think the NHS is terrible? Try living without it before criticising.

We're due in Court this year. Finally.

Not good

I thought the litigious nature of American society, would mean that if the fault lay with the person who hit you, then considerable sums would be involved.

"We should no more let numbers define audio quality than we should let chemical analysis be the arbiter of fine wines."  Nelson Pass

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Not really it’s only because

Not really it’s only because in America courts, the courts have discretion over punitive damages which tend to be quite low in the uk, and it’s these cases you hear about in the U.s. Civil claims tend to work off the principle of indemnity in uk law I.e attempting to put you in the same situation you were in before hand. 

im sorry to here of your situation too benedict. Have the other side admitted liability? I don’t know how it is in America but I worked as a liability loss adjuster in the uk. surely if they have already admitted and you are stationary and it’s therfore clear cut on liability they should be making offers to settle. Under the civil procedure rules in the uk there are strict timescales on court matters and bringing car claims and be invited to participate in rehabilitation, so you get all you need. Have you got solicitors working on a contingent fee basis? When did it happen?

i do think the American health system is bad value for money, but in the uk there are some areas where there is no help for hundreds of thousands eg mental health. 

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According to the Texas rules

According to the Texas rules of the road, the guy who drove into the back of me is automatically guilty just as much as he would have been in the UK. That is cut and dried. He received a citation on the spot.

Settling damages, however, is a civil procedure and fraut with difficulties. Blood stone squeeze. Because there wasn't much damage to the car we are having trouble proving injury to the occupants. In the words of one attorney "if up had been killed by an 18-wheeler...". Hmm. I say "go to the supermarket, take a carton of eggs out the fridge and drop it on the floor". In a country where lawyers only care about the one third of the settlement they get, getting a lawyer to actually help has proven impossible and we are proceeding "pro se".

We shall see....

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Next random grumble.

Next random grumble.

We're enduring a rare week of 24/7 below freezing temperatures and I can't find my electrically heated jacket nor the batteries nor the battery socket for the jacket.

B*gger.

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I used to take statements

I used to take statements from people who have been injured in small rear end shunts for the purposes of valuing damages and you’d find even small collisions can cause life changing injury’s. Im speculating in your case but I understand these injuries are not nice. I’m surprised you aren’t getting a contingent fee solicitor as trying to represent yourself surely wouldn’t be wise. And you are not right it’s difficult to prove as the mechanics of injuries for rear shunts are well known. So long as you went to a doctor and you’ve got a medical report, but if you’ve got a solicitor they can deal with all those costs. Also you surely run the risk of having to pay the other sides costs if you are unsuccessful. If you bring such claims in the uk you are covered by ate insurance and I’m sure if a solicitor represented you on a contingent basis he would take that out. If American solicitors are not great I’d look at contacting British firms that specialise in the us too. Also why the hell are your own insurers not putting you in touch with solicitors or availing your other interests in recovering from the third party driver in a subrogated claim.

there is never any rules of the road to liability as for all you know the guy could have had defective breaks fitted beforehand. Then your claim becomes much more arduous with other parties and costs. That’s why you need a solicitor.

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In the UK

You don't even need to be in car to claim for whiplash

There was a famous fraud case where a taxi driver claimed for whiplash when has stood 10 feet away from the car. He was actually paid out initially untill CCTV was produced showing him at burger van when his car was hit

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Have any of you guys ever met

Have any of you guys ever met a personal injury attorney from here in the US? There's enough cut and dried cases for them out there without having to actually bother with cases that require WORK to get their 30 to 50 per cent....

And don't expect insurance companies to do the "honourable thing" either. They fight like tooth and nail.

So far the other side's insurance has, I suspect, spent over $100,000 fighting us whilst offering us just less than $10,000.

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I doubt it, they are a

I doubt it, they are a commercial enterprise and they don’t spend that sort of money to defend claims they can pay for much less. 

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QuestForThe13thNote wrote:

QuestForThe13thNote wrote:

I doubt it, they are a commercial enterprise and they don’t spend that sort of money to defend claims they can pay for much less. 


You don't know that. They've had an attorney on it part time for two years and spent over $15,000 getting an opinion from a "medical expert" - who admitted in deposition he had never examined either of us nor even seen any x-rays.

The lawsuit we've filed is for $1million (naturally) so of course they'll spend $100,000 defending it. Otherwise we get a bench judgement and they have to pay in full.

Welcome to America.

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Crunchy Nut Cornflakes

Best cereal in the world because I say so.

But WTF is it with all the dusty crap at the bottom of the box?
It ruins the last bowl.
We can (allegedly) put men on the moon but can't avoid dusty crap in cereal.

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I dont know that but as I say

I dont know that but as I say I’d be dubious. I don’t think they’d examine you, they only have to use an expert to challenge your medical evidence. As in uk law I’d think it will be on you to prove causation. 

Doesnt the judge make an allocation hearing or assessment for the sake of valuation. That happens in the uk. Then the claim proceeds down court ‘tracks’ where costs may or may not be recoverable. 

How come you are claiming that amount, is that what you judge your injuries are. How do you get there?

Please get a solicitor if you are taking this further. You could face their costs?

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Please stop assuming Texas

Please stop assuming Texas laws and rules of civil procedure are the same as English ones. They are not.

For a start there is no such thing as a Solicitor. There are personal injury attorneys but they won't take cases unless there's a big chunk of easy, repeat EASY, money in it for them. No altruism here, ESPECIALLY amongst the legal profession.

Second we can sue for pain and suffering, lost income, etc., as well as tangible damages such as medical bills, car repairs, etc. The $1million is just an upper limit but I really don't expect to get anything like that.

Third, we can and are going to have their medical expert's testimony tossed out as heresay. He didn't see the accident nor examine the patients. If his evidence isn't tossed we will just make him look like the hired mouthpiece he is, in it for the money he got.

Fourth, a JURY decides our settlement not a Judge. Juries don't like insurance companies, especially after everyone got screwed over on their Hurricane Harvey claims. If they award one cent more than the offer already on the table we don't pay costs. If and only if they award less are we liable for costs. And since we can simply file Chapter 11 bankruptcy and walk away the insurance company won't bother trying to collect.

Fifth, remember WE have to pay for our surgeries, physiotherapy, etc. No NHS here. My rotator cuff surgery could easily cost $20K, the wife's neck surgery over $50k.

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I’m not trying to assume

I’m not trying to assume anything, I’m asking questions to understand and see if I can try and help you. Maybe trying to put you in touch with someone I know but you are obviously set on things as litigant in person, so best of luck. 

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