I just got a subpoena for deposition
Some of you may remember I was involved in a car accident almost 2 years ago. Guess some of the other people involved decided to fight it out.
I’m pretty sure I don’t have anything to worry about but was wondering what everyone thought.
I was sitting at an intersection waiting for the light to change. There was an SUV in front of me also waiting. I was struck from behind with so much force it pushed me up under the truck in front of me. The driver of the that truck is suing the guy that hit me. We were both on our way to work. Now that said should I get an attorney or just go and tell my story?

sounds like your just a witness, I wouldnt worry about it..

Would it not be in your favor to "get in on that"? Technically YOU were the one who got hit

[This message has been edited by ryan.hess (edited 01-03-2007).]

quote Originally posted by ryan.hess: Would it not be in your favor to "get in on that"? Technically YOU were the one who got hit

I dont want to get in on anything. I just want to be left alone. I work for the things I have and dont need to take from others to get it. I understand what your saying but it just makes me feel dirty. We will see what they say. It just dosent seem right, wait 2 years and cant give me a heads up?

Did insurance pay for your car/medical?

They have 2 years to file anything.

Heck, I was in an accident on August 31 and I am still off work (self employed construction contractor).. After a few months of everyone telling me its whiplash and physio working me over, they realized now I have a dislocated shoulder, few disks on my back turned and dislocated ribs on my left side, plus major lower back pain..(hit my brakes so hard one of the lines popped (nothing was wrong with the line, just extreme force on it, agreed on by the insurance collision guy and 2 mechanics) and my foot was right to the floor when the accident happened so the full force went right up my back and the seatbelt took care of my shoulder) Still seeing another chiro now and he dont think I will be working anytime soon. I was shocked how bad shape I ended up in.. The chiro said you only need one bump the wrong way.. I wont be sueing either, but I did get a good lawyer since I was having so much hassle from my insurance co about the work benifits, income,etc

Were you hurt any? Or was the driver ahead hurt any?

ON another related topic.. About 12+ years ago, I went over a hill where there was a backed up line from a stop sign, I went under the car ahead (tourist) (grampa type car, cant remember what it was) and it scraped my bra up, his bumper had scuffs on it.. We exchanged info but he said that since there was no damage, he wont worry about it if the scuffs rub off).. Well about 2 years later my insurance jumped a few thousand.. seems the guy filed a claim with his insurance co when he got back to florida, he said his rear car doors wouldnt open ,etc.. Pretty bad the insurance co never even contacted me to find out my story or reports.. (I switched insurance co's) Wish they had wanted to me to go to a depsition, I would have enjoyed a vacation in florida

[This message has been edited by isthiswhereiputausername? (edited 01-03-2007).]

Lawyer up. They're fishing to place partial or total blame on anyone/anything they can. BTDT and ended up in court over it. Pay the lawyer now or pay him/her more later.

John Stricker

quote Originally posted by jstricker: Lawyer up. They're fishing to place partial or total blame on anyone/anything they can. BTDT and ended up in court over it. Pay the lawyer now or pay him/her more later. John Stricker

100% true. They are looking for any money in any pockets they can find. The other lawyers are fishing. If you go alone you are a sitting duck. Call your insurance company and tell them (about the subpeona, and you think you would need a lawyer to protect them) as they may cover the cost of a lawyer for you. After all, it would be their money the other lawyers want. I have testified enough to know.

My insurance paid for my medical and his paid for may damage. That’s how it works in Florida. I'm going to contact my insurance company and see if they can fill me in. If they didn’t pay out to here then they would need involved.

One thing I did notice was the subpoena was from the defendants lawyer not the plaintiff. They cant think my deposition can be good for him, he hit me.
I have the pictures to show where the damage started. Sounds fishy to me. Going to call my insurance company today.

[This message has been edited by Jake_Dragon (edited 01-04-2007).]

quote Originally posted by Jake_Dragon: My insurance paid for my medical and his paid for may damage. That’s how it works in Florida. I'm going to contact my insurance company and see if they can fill me in. If they didn’t pay out to here then they would need involved. One thing I did notice was the subpoena was from the defendants lawyer not the plaintiff. They cant think my deposition can be good for him, he hit me. I have the pictures to show where the damage started. Sounds fishy to me. Going to call my insurance company today.

They want you to testify that you were not hit hard enough to be hurt (badly) while the guy you hit claims he was. Therefore you must have contributed to it. Something to that effect I bet.

I dont know how it works down there, but around here the guy in front would have to sue you, for failure to assure clear distance ahead. The guy in front would have no stake in what the guy in the back did, you would have to go after him, and likely loose, to get the money back you had to pay to the guy in front. Its stupid, but even if stopped at a red light and rear ended by someone going 60, its your fault if you are not far enough back not to slide into the guy ahead of you. Im sure the judges take into consideration reasonable distance and the speed you were hit at, so you might get off if he hit you going 60 and you left 20' of skid marks, but I degress. Call your insurance company, they will determine if you need a lawyer and assign one if you do, its thier money he would be going after.

Just being a deposition, I would not imagine you could even have a lawyer, but they will likely school you in what to say and how to say it. Typicaly with a deposition you just have to give, or write, a statement in front of a notary or other person of status. You wont have to actualy go into court or anything. Saying the wrong thing could inadvertantly admit fault, thus allowing someone to go after you who couldnt previously. Do you remember Nixon? Get familiar with the phrase "I have no clear recollection of those events"

[This message has been edited by 86GT3.4DOHC (edited 01-04-2007).]

Although every state has different laws, We recently had the same type of accident with our van. Some lady hit our van and pushed it into the car in front. Although damage wasn't as bad, There was a few days where the insurance companies had a discussion. It has to do with although we were hit from behind, Our van technically hit the vehicle in front AFTER we were hit. So the insurance company of the vehicle that started it was talking about only paying for our rear bumper and not the front of our or the front vehicle. Once we called our lawyer and the front vehicle did the same, the insurance company of the lady that hit us covered all vehicles involved.

My advice is to get a lawyer. They may try to have you "share the blame" and cost.
Your insurance company may provide either a lawyer or pay some/all of the legal fees. Either way it is always good to protect yourself.

[This message has been edited by Oreif (edited 01-04-2007).]

quote Originally posted by Jake_Dragon: I dont want to get in on anything. I just want to be left alone. I work for the things I have and dont need to take from others to get it. I understand what your saying but it just makes me feel dirty. We will see what they say. It just dosent seem right, wait 2 years and cant give me a heads up?

You a fine fellow!

You absolutely can have a lawyer anytime you are deposed since you will be placed under oath and if you say ANYTHING that the insurance companies would be able to use against you later, believe me, they will. A sworn deposition carries the EXACT same weight and penalties as if you had been on a witness stand in a court of law. Do not take it lightly.

John Stricker

quote Originally posted by 86GT3.4DOHC: Just being a deposition, I would not imagine you could even have a lawyer, but they will likely school you in what to say and how to say it. Typicaly with a deposition you just have to give, or write, a statement in front of a notary or other person of status. You wont have to actualy go into court or anything. Saying the wrong thing could inadvertantly admit fault, thus allowing someone to go after you who couldnt previously. Do you remember Nixon? Get familiar with the phrase "I have no clear recollection of those events"

If you are subpoenaed for a deposition, it is strongly recommended that you contact an attorney. The other lawyer may not be on your side, and it is important for someone to be at the deposition who is looking out for your interests. Only an attorney will be able to adequately prepare you for a deposition and help protect your rights.

Im waiting to hear from my insurance. Not going to say any more until I have talked to them or a lawyer.