peachskittles Posted June 2, 2015 Share Posted June 2, 2015 Short story, the system fails. The end. Ok, the long version is here. She had surgery on her hand. There are still some concerns and recovery will be between another 4-6 months, but the doctor is hopeful that all will be well. That means 4-6 months of not working, no income, no life, etc etc. She did find a lawyer. Yes, her friend has the absolute minimum insurance on her car ($25k bodily injury). That is ALL she can get. Now, my sister can sue. But her friend's husband already talked to his lawyer friends. The injury lawyer says yes, my sister will win. The bankruptcy lawyer has drawn up the papers to file once my sister files a lawsuit against them. She will get NOTHING. Nothing. And this is legal. All my sister gets for a severe hand injury is $25k (that will go to medical bills) and a sorry about your luck. The state of Iowa has granted her medical insurance to cover the rest of her bills. She will get a small amount of money for food until she gets a job (at least I hope so). My other sister will let her live with her until she can get a job. Six months of my sister's life (pretty much the rest of the year) will be gone. I am angry for her. Absolutely positively angry. Now the other driver is still 40% at fault, but they are taking it to court. There is a chance she will get a small settlement from the other driver. At this moment, though, I'm not holding my breath. 1 Quote Link to comment Share on other sites More sharing options...
Tammyla Posted June 2, 2015 Share Posted June 2, 2015 :grouphug: Quote Link to comment Share on other sites More sharing options...
Twigs Posted June 2, 2015 Share Posted June 2, 2015 :grouphug: :grouphug: :grouphug: Quote Link to comment Share on other sites More sharing options...
zoobie Posted June 2, 2015 Share Posted June 2, 2015 That really sucks. I'm so sorry. :grouphug: Quote Link to comment Share on other sites More sharing options...
Slartibartfast Posted June 2, 2015 Share Posted June 2, 2015 :grouphug: Quote Link to comment Share on other sites More sharing options...
Hunter's Moon Posted June 2, 2015 Share Posted June 2, 2015 What your sister's friend has done is absolutely sickening. I'm sorry all of this happened <3 2 Quote Link to comment Share on other sites More sharing options...
PinkTulip Posted June 2, 2015 Share Posted June 2, 2015 What your sister's friend has done is absolutely sickening. I couldn't agree more! Quote Link to comment Share on other sites More sharing options...
Catwoman Posted June 3, 2015 Share Posted June 3, 2015 I am so sorry. :grouphug: Quote Link to comment Share on other sites More sharing options...
Catwoman Posted June 3, 2015 Share Posted June 3, 2015 What your sister's friend has done is absolutely sickening. I'm sorry all of this happened <3 :iagree: I don't think "friend" is a term your sister should be using to describe that person ever again. :glare: 3 Quote Link to comment Share on other sites More sharing options...
peachskittles Posted June 3, 2015 Author Share Posted June 3, 2015 :iagree: I don't think "friend" is a term your sister should be using to describe that person ever again. :glare: I think last night was the final straw. Her friend messaged her and told my sister "I wrecked my car for you. Why would you even think of suing me?" (My sister was leaving her boyfriend and staying with her friend for a week.) You do not wreck a car for someone. No one in all of time has said, "I would wreck a car for you". Never ever. I am currently hoping some popular (or not so popular) band writes a song around the lines of "I will wreck my car for you". Then we have a song for her friend. And another message telling my sister about friend's perfect life and marriage and how my sister would not mess that up (around those lines). There is no remorse, no "How's the hand?", no talking whatsoever. It happened, it's over, move on with my life is her friend's attitude. Quote Link to comment Share on other sites More sharing options...
sarasue7272 Posted June 3, 2015 Share Posted June 3, 2015 When my husband was in a car accident, our own insurance paid us $50k for un/under insured motorist. Might your sister have that? I wouldn't have know about it, but one of the adjusters brought it up. It's a big part of why I will stay with State Farm forever. 1 Quote Link to comment Share on other sites More sharing options...
MyThreeSons Posted June 3, 2015 Share Posted June 3, 2015 Yes -- your sister should speak with her own insurance company about whether she has underinsured motorist coverage that will help her. 1 Quote Link to comment Share on other sites More sharing options...
QueenCat Posted June 3, 2015 Share Posted June 3, 2015 I would think that the fact that they've already said they'll file bankruptcy, and a lawyer has already drawn up the papers to file should they be sued, is evidence that would count against them in court. This woman is NOT a friend of your sister's. Your sister should keep the texts she receives. 2 Quote Link to comment Share on other sites More sharing options...
swellmomma Posted June 3, 2015 Share Posted June 3, 2015 What a vile selfish woman that "friend" is. With friends like that who needs enemies. I would think if they have drawn up bankruptcy papers to file immediately after she sues would go against them. ANd because the friend put this in writing basically as a threat to prevent being sued your sister can print it off and present it as evidence. THe woman did not wreck a car for your sister, she failed to come to a stop at a stop sign (if I recall correctly) and wrecked her car due to her own ineptitude at following the rules of the road. I would A) recommend your sister still talk to a lawyer, even if they file for bankruptcy and all she gets is the $25K, at least they are not getting off scot free either, anything made from the sale of their home etc would go to her award, and they would have that on their financial record holding them back for ever more. If she has already been speaking to a lawyer I would print off those messages the friend sent and give them to him/her to show their intent. B) contact her own insurance company and find out if she has underinsured motorist coverage C) the lawyer if she retains one can sort out what insurance pays what, given that the other drive is considered 40% at fault means your sister should get something from theirs as well. Tell your sister to not let this sop called friend bully her into inaction. The tactics they are using may not be as legal as they are claiming, and your sister may still come out of it okay. If it is legal they are cutting off their nose to spite their face, so they file for bankruptcy and lose every anyway and have a harder time rebuilding long term than if she just sued (and I am assuming your sister is not the type that would be suing for millions, but just for lost time off work, medical bills etc) 5 Quote Link to comment Share on other sites More sharing options...
Butter Posted June 3, 2015 Share Posted June 3, 2015 I would think that the fact that they've already said they'll file bankruptcy, and a lawyer has already drawn up the papers to file should they be sued, is evidence that would count against them in court. This woman is NOT a friend of your sister's. Your sister should keep the texts she receives. This is what I thought, too. I could be completely wrong. I'm not a lawyer. They are. But it seems like if it's a whole plan beforehand, there's something, or should be something, legally shady about that. Quote Link to comment Share on other sites More sharing options...
plansrme Posted June 3, 2015 Share Posted June 3, 2015 I hope your sister is as grateful to the taxpayers of her state as she is bitter towards the driver of the car. Sure, her situation sucks, but she is still getting at least partially bailed out via Medicaid and SNAP benefits, so I wouldn't necessarily see this an indictment of "the system." As for suing and getting nothing if they file bankruptcy, that is only true if they have a negative net worth, and even then, it is not always true. They may or may not have a negative net worth, but I wouldn't rely on their say-so for it. And I do not believe for one second that they already have a bankruptcy filing ready to go. They are bluffing. If they file bankruptcy after a verdict comes in, they're in the same position (for bankruptcy purposes) as if they do so now, so why would they "fill out papers" now? That would be stupid. Also, it is harder to file bankruptcy now than it used to be, so even with a negative net worth, they may have to go onto a payment plan that would at least partially compensate your sister. I wouldn't let the threat of their filing bankruptcy stop me from suing. 1 Quote Link to comment Share on other sites More sharing options...
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