Author Topic: Accident headache.  (Read 4928 times)

September 16, 2015, 07:54 PM #50

firelizard Offline

  • Posts: 2,003
  • Join Date: Jul 2014
    Location: Winnipeg
  • Real Name: Ty
  • Vehicle: UZS161
  • Reputation Power: 106
  • firelizard has an aura about them.firelizard has an aura about them.firelizard has an aura about them.firelizard has an aura about them.firelizard has an aura about them.firelizard has an aura about them.firelizard has an aura about them.firelizard has an aura about them.firelizard has an aura about them.firelizard has an aura about them.
Regarding a counter-suit, I'm no law professional, but it sounds like a waste of time. What would you seek damages for? You'd need to lawyer up for that anyways, which will cost you out of pocket unless you are successful.

    Top Tier Imports

    Accident headache.
    « Reply #50 on: September 16, 2015, 07:54 PM »

    September 17, 2015, 08:11 AM #51

    Winter Beater Offline

    • Regular Member
    • Posts: 2,386
    • Join Date: Jul 2012
      Location: Winnipeg
    • Real Name: Al
    • Vehicle: 03 350Z Track Edition, 05 4 Runner, 98 GMC Shitbox
    • Reputation Power: 95
    • Winter Beater has great potential!Winter Beater has great potential!Winter Beater has great potential!Winter Beater has great potential!Winter Beater has great potential!Winter Beater has great potential!Winter Beater has great potential!Winter Beater has great potential!Winter Beater has great potential!
    Originally posted by firelizard
    Regarding a counter-suit, I'm no law professional, but it sounds like a waste of time. What would you seek damages for? You'd need to lawyer up for that anyways, which will cost you out of pocket unless you are successful.

    You don't need to lawyer up for a counter suit in small claims.

    I think he's perfectly in line filing counter suit for lost time, court costs, etc. Be reasonable with the numbers, don't overinflated everything.

    His time is being wasted by this nut job who doesn't have a case, he has to miss work, etc. I think he should be reimbursed.

      September 17, 2015, 10:21 AM #52

      Lowridah Offline

      • Regular Member
      • Posts: 440
      • Join Date: Aug 2014
        Location: Winnipeg, Mb
      • Real Name: Chris
      • Vehicle: 2011 Mitsubishi Eclipse GT-P
      • Reputation Power: 22
      • Lowridah barely matters.Lowridah barely matters.
      The way I read this (wish I was sitting in the car when all this went down) is he thinks he is in America where you can sue for looking at someone the wrong way and is trying to have his 15 seconds of fame in court.

      Seriously though, what grounds does he have to sue?  He is at fault, he had no insurance ... there are no grounds.

      Do as others have suggested, show up dressed to impress and be professional.  I honestly dont think you are going to have a hard time telling the court of the hardships you been though in all this and will be rewarded for having missed work etc.

      Just my opinion.

        September 17, 2015, 01:44 PM #53

        IanB Offline

        • Regular Member
        • Posts: 1,154
        • Join Date: Mar 2012
          Location: Winnipeg
        • Real Name: Ian
        • Vehicle: '93 Land Cruiser HDJ81/'99 MB E55t AMG
        • Reputation Power: 41
        • IanB might someday be someone...IanB might someday be someone...IanB might someday be someone...IanB might someday be someone...
        Originally posted by Lowridah
        The way I read this (wish I was sitting in the car when all this went down) is he thinks he is in America where you can sue for looking at someone the wrong way and is trying to have his 15 seconds of fame in court.

        Seriously though, what grounds does he have to sue?  He is at fault, he had no insurance ... there are no grounds.

        Do as others have suggested, show up dressed to impress and be professional.  I honestly dont think you are going to have a hard time telling the court of the hardships you been though in all this and will be rewarded for having missed work etc.

        Just my opinion.

        To clarify, without a countersuit, I don't think the court will be able to award him anything for his hardships, just that the plaintiff will get nothing.  I don't think there's punitive damages in small claims court.
        '93 Land Cruiser HDJ81
        '99 MB E55t AMG - DD
        '04 Lexus GX470

          September 17, 2015, 02:21 PM #54

          Lowridah Offline

          • Regular Member
          • Posts: 440
          • Join Date: Aug 2014
            Location: Winnipeg, Mb
          • Real Name: Chris
          • Vehicle: 2011 Mitsubishi Eclipse GT-P
          • Reputation Power: 22
          • Lowridah barely matters.Lowridah barely matters.
          Originally posted by IanB
          To clarify, without a countersuit, I don't think the court will be able to award him anything for his hardships, just that the plaintiff will get nothing.  I don't think there's punitive damages in small claims court.

          No but I do believe that the Judge can hold the guy accountable for court costs and time lost for work.  Never seen anything like this so am sitting here with shoulders shrugged.

            September 17, 2015, 02:56 PM #55

            Winter Beater Offline

            • Regular Member
            • Posts: 2,386
            • Join Date: Jul 2012
              Location: Winnipeg
            • Real Name: Al
            • Vehicle: 03 350Z Track Edition, 05 4 Runner, 98 GMC Shitbox
            • Reputation Power: 95
            • Winter Beater has great potential!Winter Beater has great potential!Winter Beater has great potential!Winter Beater has great potential!Winter Beater has great potential!Winter Beater has great potential!Winter Beater has great potential!Winter Beater has great potential!Winter Beater has great potential!
            Originally posted by Lowridah
            No but I do believe that the Judge can hold the guy accountable for court costs and time lost for work.  Never seen anything like this so am sitting here with shoulders shrugged.

            I don't believe there are any court costs for the defendant if the judge sides with the defendant.

              September 17, 2015, 05:37 PM #56

              SlamdxB Offline

              • Regular Member
              • Posts: 15
              • Join Date: Feb 2015
                Location: Lorette, MB
              • Real Name: Joshua Lund
              • Vehicle: 2008 Scion xB, 1992 MR2 2.0L T
              • Reputation Power: 2
              • SlamdxB has no influence.
              Woooooh! Praised be the sweet baby jesus!

              I got served the papers a while back, only posted it recently though.

              Yesterday was my birthday. Today I got a late birthday present.
              Received a letter from the private investigator that sent the original court papers stating that the case has been dropped.
              Dont know why, don't give a rats ass. Going to buy car parts tomorrow to celebrate.
              The amount of weight off my mind right now is incredible. I would never wish this ordeal on anyone.

              Thanks for all the support and input, hopefully this will be the end of it.

                September 17, 2015, 10:26 PM #57

                Colby Offline

                • Posts: 1,148
                • Join Date: Oct 2013
                  Location: Springfield
                • Real Name: Colby
                • Vehicle: 2014 FXT Limited w/Tech
                • Reputation Power: 109
                • Colby has an aura about them.Colby has an aura about them.Colby has an aura about them.Colby has an aura about them.Colby has an aura about them.Colby has an aura about them.Colby has an aura about them.Colby has an aura about them.Colby has an aura about them.Colby has an aura about them.

                Originally posted by SlamdxB
                Woooooh! Praised be the sweet baby jesus!

                I got served the papers a while back, only posted it recently though.

                Yesterday was my birthday. Today I got a late birthday present.
                Received a letter from the private investigator that sent the original court papers stating that the case has been dropped.
                Dont know why, don't give a rats ass. Going to buy car parts tomorrow to celebrate.
                The amount of weight off my mind right now is incredible. I would never wish this ordeal on anyone.

                Thanks for all the support and input, hopefully this will be the end of it.
                Great to hear. That idiot was probably hoping that serving you would scare  you into forking him some money. Once he realized that you are serious, have a legit case and are
                Not backing down he must have chickened out.

                But just to make sure, maybe check somehow that they aren't fake papers and he hopes you no show so it's an automatic win for him?


                Sent from my iPhone using Tapatalk
                '14 FXT Limited w/Way to Much Tech
                '94 Subaru Legacy RS TT - SOLD

                https://www.flickr.com/colbyspence/
                IG: colby_spence
                Snap: cspence47

                  September 17, 2015, 10:32 PM #58

                  SlamdxB Offline

                  • Regular Member
                  • Posts: 15
                  • Join Date: Feb 2015
                    Location: Lorette, MB
                  • Real Name: Joshua Lund
                  • Vehicle: 2008 Scion xB, 1992 MR2 2.0L T
                  • Reputation Power: 2
                  • SlamdxB has no influence.
                  Originally posted by Bd5
                  Great to hear. That idiot was probably hoping that serving you would scare  you into forking him some money. Once he realized that you are serious, have a legit case and are
                  Not backing down he must have chickened out.

                  But just to make sure, maybe check somehow that they aren't fake papers and he hopes you no show so it's an automatic win for him?


                  Sent from my iPhone using Tapatalk

                  Good call,
                  I'm 99% sure it's legit but it can't hurt to check.

                    September 18, 2015, 08:25 AM #59

                    Lowridah Offline

                    • Regular Member
                    • Posts: 440
                    • Join Date: Aug 2014
                      Location: Winnipeg, Mb
                    • Real Name: Chris
                    • Vehicle: 2011 Mitsubishi Eclipse GT-P
                    • Reputation Power: 22
                    • Lowridah barely matters.Lowridah barely matters.
                    its easy, confirm they are 100% legit papers, they cannot serve you fake papers that are official in the hopes you bite and no show. 

                    It sounds like a settlement type plot that you didnt bite on,  Grab those parts sir and celebrate!

                      September 18, 2015, 09:12 AM #60

                      JayPe3 Offline

                      • Regular Member
                      • Posts: 4,724
                      • Join Date: Mar 2012
                        Location: Winnipeg
                      • Real Name: Jesse
                      • Vehicle: 2010 Toyota Tundra SR5
                      • Reputation Power: 67
                      • JayPe3 is a rising star!JayPe3 is a rising star!JayPe3 is a rising star!JayPe3 is a rising star!JayPe3 is a rising star!JayPe3 is a rising star!
                      Go to the dudes house and high five him.

                        September 18, 2015, 09:25 AM #61

                        Autter Offline

                        • Posts: 826
                        • Join Date: Sep 2012
                          Location: Winnipeg
                        • Real Name: Auttumn
                        • Reputation Power: 36
                        • Autter is working their way up.Autter is working their way up.Autter is working their way up.
                        Originally posted by JayPe3
                        Go to the dudes house and high five him.
                        x2

                        Congrats!
                        I second buying car parts to celebrate.
                        [Dec 23 10:24:37] Ctown8:i was hanging out with this girl named autumn last night, and i kept calling her autter by accident. she was like what the heck lol

                        Igor [May 09, 09:58:01 AM]:   silly people, ikea is for furniture not car meets

                          September 18, 2015, 06:24 PM #62

                          IanB Offline

                          • Regular Member
                          • Posts: 1,154
                          • Join Date: Mar 2012
                            Location: Winnipeg
                          • Real Name: Ian
                          • Vehicle: '93 Land Cruiser HDJ81/'99 MB E55t AMG
                          • Reputation Power: 41
                          • IanB might someday be someone...IanB might someday be someone...IanB might someday be someone...IanB might someday be someone...
                          Originally posted by Bd5
                          Great to hear. That idiot was probably hoping that serving you would scare  you into forking him some money. Once he realized that you are serious, have a legit case and are
                          Not backing down he must have chickened out.

                          But just to make sure, maybe check somehow that they aren't fake papers and he hopes you no show so it's an automatic win for him?

                          Great outcome!  That has to be a huge relief!

                          I'm not sure if I missed something, but where was there any response or interaction with the plaintiff that would make him "realize you were serious, have a legit case and are not backing down" since the OP was served?
                          '93 Land Cruiser HDJ81
                          '99 MB E55t AMG - DD
                          '04 Lexus GX470

                            September 19, 2015, 03:28 PM #63

                            Colby Offline

                            • Posts: 1,148
                            • Join Date: Oct 2013
                              Location: Springfield
                            • Real Name: Colby
                            • Vehicle: 2014 FXT Limited w/Tech
                            • Reputation Power: 109
                            • Colby has an aura about them.Colby has an aura about them.Colby has an aura about them.Colby has an aura about them.Colby has an aura about them.Colby has an aura about them.Colby has an aura about them.Colby has an aura about them.Colby has an aura about them.Colby has an aura about them.

                            Originally posted by IanB
                            Great outcome!  That has to be a huge relief!

                            I'm not sure if I missed something, but where was there any response or interaction with the plaintiff that would make him "realize you were serious, have a legit case and are not backing down" since the OP was served?
                            You haven't missed anything, I was just thinking that the offender was trying to pull the wool over the eyes of Slamdxb and once Slamdxb called his bluff he backed off


                            Sent from my iPhone using Tapatalk
                            '14 FXT Limited w/Way to Much Tech
                            '94 Subaru Legacy RS TT - SOLD

                            https://www.flickr.com/colbyspence/
                            IG: colby_spence
                            Snap: cspence47

                              September 19, 2015, 08:25 PM #64

                              IanB Offline

                              • Regular Member
                              • Posts: 1,154
                              • Join Date: Mar 2012
                                Location: Winnipeg
                              • Real Name: Ian
                              • Vehicle: '93 Land Cruiser HDJ81/'99 MB E55t AMG
                              • Reputation Power: 41
                              • IanB might someday be someone...IanB might someday be someone...IanB might someday be someone...IanB might someday be someone...
                              Originally posted by Bd5
                              You haven't missed anything, I was just thinking that the offender was trying to pull the wool over the eyes of Slamdxb and once Slamdxb called his bluff he backed off


                              Sent from my iPhone using Tapatalk

                              I'm still unclear where anyone's bluff was called though?
                              '93 Land Cruiser HDJ81
                              '99 MB E55t AMG - DD
                              '04 Lexus GX470

                                Top Tier Imports

                                Accident headache.
                                « Reply #64 on: September 19, 2015, 08:25 PM »