Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
I'm not a lawyer either, but I've been sued before. Lot's of cases like this one in NY.
I whole-heartedly agree, and it's a shame folks even waste their time entertaining them. I'm not saying to discard it completely (although earlier I did say to "throw away the letter"..I meant figuratively). Keep the letter. Disregard everything unless you get a subpoena, at which time you feign ignorance. What judge is going to award based on something they can't prove at all?
The lawyer is obviously hoping to receive a response to his intital threat. That is what will move this case forward. Default judgments will only be awarded if a suit is actually filed and the OP is summoned to court. Unless read this wrong, there was no subpoena issued.
This is what I would do. I was in a similar situation with different specifics--twice. Handled it the same both times. Never heard a thing either time. Didn't lose a wink of sleep.
Just my advice. Ask a lawyer...he would find it hard to argue with me.
I had a real estate agent over my house as I am thinking about selling. We are (my wife and I and the real estate agent) are sitting at the table. About ten minutes later the chair upon which the real estate agent was sitting collapsed and broke. Yesterday, i received a letter from a lawyer saying that the real estate agent is suing for injuries. At the time I asked her if she wanted an ambulance, she said no she was fine. I've called my insurance agent. Is this what we are becoming????
This looks bad for her side of the case.
If she didn't actually break a bone, what she is claiming is a soft tissue injury, which are not very well proveable in court, especially when trying to establish that the fall off a chair CAUSED the injury and it was not a pre-existing one. It very well may end up with her being paid a low sum by the insurance company as a "nuisance suit" ... a suit that is much more expensive to defend than to settle for a paltry amount.
Please send me a DM with this woman's name and the real estate broker she works with. I do not want to EVER inadvertantly work with either of them. TIA.
Is this agent really that much of a fool?
Sure, she has a right to sue. Even if she can get Workman's Comp, she's limited to the recovery there, so she's looking for someone not her lawyer to collect pain & suffering, etc.
But doesn't she realize that Court records are Public? I'd certainly make sure this lawsuit becomes well known - no potential client will ever invite her into their house. Her business is pretty much over.
Stuff happens. To sue over an accident like this is pretty low.
IS this woman dumb? She could lose her realestate license AND a ton of business if you make this known. Was she an actual realestate agent with a well known firm or on her own?
It's the prelude to a lawsuit. As we all know, most cases like this never get to the lawsuit phase - they are settled. However, if the letter is ignored, then it goes right to suit. Then the attorney tells the insurer that they've been contacting the insured for weeks/months/years...and the insurer verifies that. Whoopsie! Violation of the insurance policy. Now the insurer, if they choose to provide coverage anyway, has lost weeks/months/years of investigative time. They also know their insured is an idiiot that they would never want opposing counsel to depose, let alone put on a witness stand. Most of these people who do this just want to HAVE THEIR SAY but you can't let them because as soon as they open their mouths they cause trouble.
In most cases the attorney is able to find out who the insurer is anyway, and chances are the letter has gone to them as well. Then you as the insurer call the insured and they're like "oh yeah - I got that letter. That lady has no claim! She wasn't injured! This is all a scam!" Then - again - you know this is a case you have to settle because there is no way in hell you can do anything reasonable with this insured if it goes to suit.
This is a nice post and all...but it has nothing to do with my advice. How does the insurance company verify that the insured received a letter if not sent certified (which was the basis of my advice)?
Later again you mention that the insured tells the insurer "oh yea I got that letter" which is exactly what I am advising against.
Posting this here was the worst thing you could have done. Have this thread deleted ASAP.
File the letter, and go about your life. The worst thing you could do is respond to it and acknowledge its receipt. Was it sent certified? If not, you never got it. Lawyers will typically send letters like this out to scare you. Ignore it and play dumb if it ever comes up later..."yes, she was at my house but that never happened..?? WTF??"..
The burden of proof is on the accuser.
Case closed.
Delete thread.
I know this has already been said but this is not sound advice. Its very possible that the real estate agent has brought a Workers' Comp claim against her employer and he is representing her in that action as well. Even if this women never ends up suing you, the insurance company that paid her Workers' Comp claim will subrogate against you for the $ it paid for her injury and try to prove negligence against you.
Everyone who is telling you to call your Homeowners' insurance company is correct, let them sort this out.
I know this has already been said but this is not sound advice. Its very possible that the real estate agent has brought a Workers' Comp claim against her employer and he is representing her in that action as well. Even if this women never ends up suing you, the insurance company that paid her Workers' Comp claim will subrogate against you for the $ it paid for her injury and try to prove negligence against you.
Everyone who is telling you to call your Homeowners' insurance company is correct, let them sort this out.
Real estate agents are independent contractors, not employees. As a result, I don't think they are eligible for workers' compensation.
This is a nice post and all...but it has nothing to do with my advice. How does the insurance company verify that the insured received a letter if not sent certified (which was the basis of my advice)?
Later again you mention that the insured tells the insurer "oh yea I got that letter" which is exactly what I am advising against.
If you really think an attorney has to prove that they sent out correspondence you are seriously deluding yourself. If they did, they would never make any money. You are basically saying that attorneys, who are officers of the court, go around lying to clients, judges, and insurance companies on a regular basis. Seriously. I have never heard "I never got your letter" used as a valid excuse, and I've never gotten a certified letter from an attorney in the 20 years I handled claims.
No need to scratch your chin. You are wrong, and should probably stick to giving advice on things you are familiar with.
OP good luck if you listen to this advice. It's only your house at stake.
I must say I am getting a good chuckle at all the quasi legal terms and advice being bandied about here, LOL.
You are basically saying that attorneys, who are officers of the court, go around lying to clients, judges, and insurance companies on a regular basis.
Nooooooooooooooooooo
Never!
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
