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2003-2009 Nissan 350Z

Got into a fairly bad accident last night in the Z :(

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Old Sep 10, 2003 | 03:59 PM
  #61  
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Beamm
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From: Pinecrest, FL
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ricky...

Sorry to hear what happened. Glad that you're OK though.

I must tell you though, and peterhong may say I'm wrong, but if you try and file a lawsuit a good lawyer might find your first post (about winning damages to buy a S/C and everything) and get your suit dismissed under the Federal Rules of Civil Procedure Rule 11 (which states that you cannot file malicious lawsuits). I know you said that you were only kidding but a good lawyer will eat this up and a judge just might find against you.

I say take the insurance money, get a new Z, DON'T drive it to places where the cops are gonna come after you (that's just stupid...cops ALWAYS go after the young guys in fast cars) and be happy. You got a concussion and it sounds like that's all. I don't sue someone everytime I get a concussion from sailing or when I go out to ski...I just deal and walk around like a drunk idiot for a couple days. Don't abuse pain and suffering...it's there for people that really NEED it (take the Lukemia cases in Woburn/East Woburn, MA for example). That's my recommendation (and I'm only a couple years older than you so I'm not some old guy crackin down on the youngen).
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Old Sep 11, 2003 | 01:50 AM
  #62  
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TCL
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Originally posted by Dr Bonz

After awhile, I came up with this little plan. I would send the attorney a letter stating that I would indeed accept what he is offering IF he himself will agree (in writing to me and to the patient) that he will ALSO accept the same reduction (percentage wise) in HIS fee to the client.

To date, I have done this about 20 times and thus far, I have been taken up on it ONLY ONE TIME!
Bonz, that's a great tactic. Really levels the playing field between the doctors and the lawyers. Too bad only 1 in 20 accepted.
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Old Sep 11, 2003 | 02:35 AM
  #63  
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xray
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From: california
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Originally posted by Beamm
ricky...

Sorry to hear what happened. Glad that you're OK though.

I must tell you though, and peterhong may say I'm wrong, but if you try and file a lawsuit a good lawyer might find your first post (about winning damages to buy a S/C and everything) and get your suit dismissed under the Federal Rules of Civil Procedure Rule 11 (which states that you cannot file malicious lawsuits). I know you said that you were only kidding but a good lawyer will eat this up and a judge just might find against you.

I say take the insurance money, get a new Z, DON'T drive it to places where the cops are gonna come after you (that's just stupid...cops ALWAYS go after the young guys in fast cars) and be happy. You got a concussion and it sounds like that's all. I don't sue someone everytime I get a concussion from sailing or when I go out to ski...I just deal and walk around like a drunk idiot for a couple days. Don't abuse pain and suffering...it's there for people that really NEED it (take the Lukemia cases in Woburn/East Woburn, MA for example). That's my recommendation (and I'm only a couple years older than you so I'm not some old guy crackin down on the youngen).
That's just crazy. Time is money. If my head was shaking from being unable to enjoy my favorite hobby, I'd demand the cash. The age clock goes in only one direction, unless you're really rich and pampered.

Always take the money and run. It's your damaged car, and damaged body. Tough to bring the latter back to full enjoyment.

-Xray
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Old Sep 11, 2003 | 07:39 AM
  #64  
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I also can't help but think that if both parties have insurance.. then it's the insurance company paying for the law suite, god knows they have enough money.

I realize the losers rates go up, but thats thier fault for hitting you right?

Just some thoughts.
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Old Sep 11, 2003 | 11:48 AM
  #65  
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vincenzobar
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From: Germantown, MD
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First in MD the cops do not come to a SCene if it is a fender bender. If you were hurt at all stay in the car and call the 911 and they ask if anyoine was hurt. say yes. you may have a concusion. Cops and ambulance and maybe even a fire truck will show then.

Even if you went the quick route and just did it your self, as soon as the guy said he didn't have the info on him you should of called the cops. Told the kid you were calling your dad to find out what to do about this then got into your car and called the cops telling them you were hit by a motorist with no license on him or insurance. That will get there attention.

Anyway now you know! Don't worry I wrote down the description of the car and will keep my eyes open!!!!!!!!!

I PMd you as well
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Old Sep 11, 2003 | 08:16 PM
  #66  
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Beamm
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From: Pinecrest, FL
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Originally posted by WolfMan
I also can't help but think that if both parties have insurance.. then it's the insurance company paying for the law suite, god knows they have enough money.

I realize the losers rates go up, but thats thier fault for hitting you right?

Just some thoughts.
[/rant on] Just humor me
Actually, the losers rates go up...but so do yours. That's the economic concept behind insurance, the company distributes the loss to the rest of the population. So, if we have a bunch of people filing lawsuits over minor concussions that will probably NOT lead to any lasting damage, we all loose (especially those of us who are about to get a Z and are under 25 and male). This is because the insurance co has a duty to settle so the case SHOULD NEVER (or very infrequently) get before a judge so he/she can say 'screw you...here's $1 and now get outta here'. We all pay for frivilous litigation.

As an example...take an issue that I'm sure Dr. Bonz is upset about...medical litigation. The rules of tort behind negligence and medical malpractice are so screwed up that very few people can truly understand them. Look at the country...babies not being delivered because the OB/GYN won't work for fear of a lawsuit. We don't want auto insurance to get that way so let's not litigate over non-permanent damages...all it does is take OUR money and give it to someone who had a mild concussion (or other similar mild injury).

Just my $0.02
[/rant off]
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Old Sep 11, 2003 | 08:36 PM
  #67  
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From: SoCal
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Indeed.. good point
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