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Getting Sued, now what?

Discussion in 'Commercial Snow Removal' started by Mr.PLOWSI, Jul 6, 2007.

  1. Mr.PLOWSI

    Mr.PLOWSI Member
    Messages: 33

    A 35 year old lady fell on a private road that I plow and now she is suing the homeowners association for an undisclosed amount. I'm a 3rd party defendant. Now what happens? I'm really angry to say the least because I LIVED in the development and always hit the road twice for courtsey reasons. How much can this lady get and am I going to be dropped? I have farm family insurance,
  2. SnoFarmer

    SnoFarmer PlowSite Fanatic
    from N,E. MN
    Messages: 9,883

    If you file a clam and loose you might get drooped or your rates will go up with the next INS co. also.

    You should talk to your INS. agent, they may want to represent you and to protect them selves from a loss also.

    How do you Have your business set up? Are you a LLC?

    Next, if you are a defendant then you should have some papers from the courts.
    You may need a lawyer to get any paper work from her (lawyer)
    (DISCOVERY & DISCLOSE) Evidence.

    Then you will know what she is after and if she has a case against you.

    It may go to trial be dismissed or settled out of court.
  3. Jay brown

    Jay brown PlowSite.com Addict
    Messages: 1,783

    most likely you will not know what is going on. it is usually a battle with the person sueing and the ins co.
  4. Mr.PLOWSI

    Mr.PLOWSI Member
    Messages: 33

    I submitted the claim to the insurance company and they have hired a lawyer. My most important issue is my insurance being dropped. I can't for the life of me understand how the lady can sue for falling off a curb in her own devlopement. In the contract with the association its up to the association if they want salt applied to the road. Were not talking about a walkway, she fell off her own curb and there are no sidewalks in this devlopment. All I provide is clearing the road for cars to pass, not for people to walk. I hope its gets thrown out in court, any advise on what else I can do right now cuz I really feel like punching a hole through wall,

  5. basher

    basher PlowSite Fanatic
    from 19707
    Messages: 8,993

    Have you been served?

    If so call you insurance man and turn it over to him

    Then stop worrying about it.:)

    Don't talk to or cooperate with anyone but your own insurance company provided lawyer. don't let a sleaze ball .:realmad: get you to do his leg work for him, make them go through channels.

    Gather all the pertinent info, contract, run sheets, phone logs, invoicing, weather reports, whatever you have and send copies to YOUR lawyer. First confirm with your insurance company who your lawyer is, be sure you are dealing with YOUR lawyer, not the plaintiff's's or the CA. The insurance Co will have a representative watching over a contracted firms lawyer make sure you know who they are, they should contact you.

    Refer the civic association's lawyer to your lawyer, DO NOT talk to him, he is not on your side. You're third party now, don't risk becoming the primary defendant or give the CA's lawyer grounds to have them (the CA) dismissed from the suit.

    Don't say "I'm sorry" or anything apologetic.

    Your insurance company should not drop you, or raise your rates IF you are found not negligent.

    This suit will cost her money. A lawyer can work for a share of the settlement but he can not support litigation. Win or lose she will have bills for depositions, copies, filing fees and postage.

    Relax this is why you pay insurance, if it's a BS suit it will go away:)
  6. bltp203

    bltp203 Senior Member
    Messages: 484

    Anyone can sue for anything........doesn't mean that you automatically lose. She has to show you were negligent.

    Best of luck.
  7. Mr.PLOWSI

    Mr.PLOWSI Member
    Messages: 33

    It's an old post, but I guess I'll update it. My lawyer had my side of the lawsuit dropped, accordingly so. It took a little over 5 years for this to happen, over a simple slip and fall. The HOA and the mgt company I assume will not fare the same fate.

    I'm relieved and happy that the judge took my side of the case.

  8. grandview

    grandview PlowSite Fanatic
    Messages: 14,609

    Good to here.
  9. doubleedge

    doubleedge Member
    from ND
    Messages: 64

    5 years or 5 months?
  10. Krieger91

    Krieger91 Senior Member
    Messages: 353

    Yeah, 5 years seems like a typo since it was posted in 07.

    I'm glad to hear it got thrown out. If you were hired to clear the streets for cars to pass, there's nothing there you'd be liable for.
  11. jhook

    jhook Senior Member
    Messages: 375

    And what about your insurance rates? Did they drop you?