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What to do if you're being sued - 2 years after accident?

Discussion in 'Trucking Accidents' started by tbrown_sd, Feb 5, 2017.

Page 1 of 8
  1. Feb 5, 2017 #1
    tbrown_sd

    tbrown_sd Light Load Member

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    Mar 31, 2011
    San Diego, CA
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    My husband was a company driver for Decker. In Mar 2015 he was involved in an accident with a POV at an intersection in Chicago, IL. He was not cited for the accident, though I believe he was considered at fault. There were no known injuries of the passengers of the POV, nor himself. He was not terminated or put on probation by Decker.

    Today a process server knocked on our door and served a Complaint from Cook County, IL , asking for damages of $50,000. Of course the Complaint alleges damages against Decker, as they were the owner of the truck and the employer of my husband. He is currently on the road, but will be home mid-week of next week. What does he need to do to handle? Of course, we need to see an attorney, but we don't have a clue on any of this. It was a shock that it comes 23 months after the accident.

    Thanks for any input or suggestions.
     
    tbrown_sd, Feb 5, 2017
    tbrown_sd, Feb 5, 2017
    #1
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  3. Feb 5, 2017 #2
    thelushlarry

    thelushlarry Road Train Member

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    glasgow ky
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    I would think Decker will handle it! However, I was wrong once.
     
    thelushlarry, Feb 5, 2017
    thelushlarry, Feb 5, 2017
    #2
    Lepton1, bigkev1115 and tbrown_sd Thank this.
  4. Feb 5, 2017 #3
    bigkev1115

    bigkev1115 Road Train Member

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    He should inform Decker immediately. More than likely, they will want a copy of the Complaint asap. Then their lawyers will take it from there. I ve was in a similar situation where I was rear ended at a red light. We exchanged info, got a police report.She was perfectly fine after she rear ended me. Then a few months later I get a bill from the ER and body shop roughly 7500.00 total. I gave the info to my company and after 2 years of fighting it, they settled out of court for 1500.00
     
    bigkev1115, Feb 5, 2017
    bigkev1115, Feb 5, 2017
    #3
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  5. Feb 5, 2017 #4
    Pedigreed Bulldog

    Pedigreed Bulldog Road Train Member

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    Wait...so YOU were stopped at a red light and she hit you? And your company PAID her?

    And we wonder why our insurance rates are so #### high...
     
    Pedigreed Bulldog, Feb 5, 2017
    Pedigreed Bulldog, Feb 5, 2017
    #4
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  7. Feb 5, 2017 #5
    Aradrox

    Aradrox Heavy Load Member

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    Jan 21, 2016
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    Did I read that right? Damages AGAINST decker? Sounds like decker is sueing you?
     
    Aradrox, Feb 5, 2017
    Aradrox, Feb 5, 2017
    #5
  8. Feb 5, 2017 #6
    Tall Mike

    Tall Mike Road Train Member

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    Lawyer up and quickly..

    Good luck.
     
    Tall Mike, Feb 5, 2017
    Tall Mike, Feb 5, 2017
    #6
    thejackal and tbrown_sd Thank this.
  9. Feb 5, 2017 #7
    bigkev1115

    bigkev1115 Road Train Member

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    The only reason they settled was it far cheaper to just settle versus dragging it out. They were in court for almost 2 years over it. 1500.00 is a lot cheaper than 7500.00
     
    bigkev1115, Feb 5, 2017
    bigkev1115, Feb 5, 2017
    #7
    Longarm Thanks this.
  10. Feb 5, 2017 #8
    dptrucker

    dptrucker Road Train Member

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    Talk to a lawyer.
     
    dptrucker, Feb 5, 2017
    dptrucker, Feb 5, 2017
    #8
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  11. Feb 5, 2017 #9
    dptrucker

    dptrucker Road Train Member

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    That is so wrong.
     
    dptrucker, Feb 5, 2017
    dptrucker, Feb 5, 2017
    #9
    bigkev1115 Thanks this.
  12. Feb 5, 2017 #10
    AModelCat

    AModelCat Road Train Member

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    They have 2 years to settle. If they don't, they get nothing. Suing extends the litigation period. Inform the company and insurance company. They should take care of it and there should be very little required of you above and beyond keeping informed with what's going on.
     
    AModelCat, Feb 5, 2017
    AModelCat, Feb 5, 2017
    #10
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