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Help & Thoughts



rameshrachapudi@hotmail.com (phdpudi)
9/6/2004 6:42:28 PM


I am a newcomer to this forum. I have a situation that I would like to
share and seek your opinions and thoughts please. Please read the
entire message.
In Oct 2000, I was involved in a minor fender bender. I was travelling
at about 10 mph because I just turned on to that road. The railroad
crossing lights started flashing and I slammed on my brakes. I slowed
down further but hit a car in front of me at the railroad crossing.
The car may have been pushed about 2-3 ft. After this impact I looked
back (since the railroad warning lights were flashing and bells were
ringing) and saw that the gates started to come down. I backed up
about 20-30 ft and pulled the car over. I then reached to the glove
compartment, searched for the latest registration card & insurance
card, found them. I took them and got out of my car. Examined the
front of my bumper to see the extent of damage. I then went to the car
behind me to see if they have a cell phone to have them call 911. They
did not have cell phone, so I went to the car behind them and
requested them to call 911. Then I walked back to my car. At that
time, I saw the driver of the car I hit examining the damage to her
rear bumper. Then she walked to my car. I told her that I'm sorry I
hit her car. I couldn't stop in time. I then asked her if she was OK?
She said she is fine. She didn't say her car stalled or if she needed
any help. Within the next few seconds, we heard a train whistle and
saw the haed light of the train. Next thing we saw was the car was hit
by the train, was thrown in to the air and hit the warning pole.
That's when we both knew that her car was left on the tracks. The
driver of the other car who I was talking to said, "Oh, my god, I want
my husband back." I realized that there was a second person in the
car. Later we realized that the person left in the car died because of
the train's impact.
There was a witness who testified that there was about 3-5 minutes
between the time of my car's impact and the train's impact. Now the
other driver has sued me. The driver was a 56 year old woman and the
deceased was a 72 year old man. My insurance company would cover up to
my policy limit ($100000), but an arbitration counsel awarded about
$350000. The insurance company decided to reject the arbitrator's
decision. Now, here is my question. I am responsible for the rear
ender but I don't think I am responsible for the death of the
passenger of the car in front of me.
If, in the end, the award to them is more than my insurance policy,
what all can the judicial system do to me to make me pay monetarily?
How can I protect my house from being taken away from me? Can any
body recommend me an attoney in NJ who may have helped their client in
such a situation? The insurance company's lawyer may work until the
policy limit is exhausted. After that I have to defend my interests
myself.
Thank you for your patience in reading this message and your
suggestions are welcome.
 
 
"Dark Basic"
9/7/2004 12:32:40 AM




"phdpudi" <rameshrachapudi@hotmail.com> wrote in message
news:91273512.0409061742.3cc1bc4e@posting.google.com...

If, in the end, the award to them is more than my insurance policy,
what all can the judicial system do to me to make me pay monetarily?
Do you have homeowner insure? Most of those have general liability
protection up to or exceeding the insured value of the house. That may
cover you in this case.
 
 
rameshrachapudi@hotmail.com (phdpudi)
9/7/2004 11:45:54 AM


"Dark Basic" <darkbasic@cox.net> wrote in message news:<0Ib%c.31113$mu.21581@okepread07>...


"phdpudi" <rameshrachapudi@hotmail.com> wrote in message
news:91273512.0409061742.3cc1bc4e@posting.google.com...

Do you have homeowner insure? Most of those have general liability
protection up to or exceeding the insured value of the house. That may
cover you in this case.
First of all thanks for taking time to read and reply to my message.
Yes, I do have home owners insurance policy. I wonder how that
liability will cover this situation. The accident was not caused at my
home or had nothing to with the home. By the way, the accident
happened in Oct 2000 and we didn't buy the home until end of 2001. Do
you think the home owners policy would still protect my home being
taken away from me? Thanks again.
 
 
"David Martel"
9/8/2004 3:56:52 AM


phdpudi,
You accept responsibility for the initial accident but seem to refuse to
accept any responsibility for the resultant death. You and your insurer had
this case placed into arbitration. The arbiter awarded $350,000 in damages
against you. I presume that he looked at the facts and did believe that you
bore some responsibility in this sad event. You need to find out why the
arbiter ruled in this fashion. Your insurer rejected this settlement. You
need to find out why they rejected this settlement and decide whether you
should accept it. You have a lawyer to advise you. Sit down with him and
determine what your best interests are and how you can achieve these. If he
can not or will not advise you then seek other help. I think you would be
wise to prepare for the worst. Is it too late to try to reach a settlement
with more favorable terms?
Good luck,
Dave M.
 
 
rameshrachapudi@hotmail.com (phdpudi)
9/8/2004 8:08:04 PM


"David Martel" <marte005@earthlink.net> wrote in message news:<8qv%c.10406$Vl5.1972@newsread2.news.atl.earthlink.net>...
phdpudi,
You accept responsibility for the initial accident but seem to refuse to
accept any responsibility for the resultant death. You and your insurer had
this case placed into arbitration. The arbiter awarded $350,000 in damages
against you. I presume that he looked at the facts and did believe that you
bore some responsibility in this sad event. You need to find out why the
arbiter ruled in this fashion. Your insurer rejected this settlement. You
need to find out why they rejected this settlement and decide whether you
should accept it. You have a lawyer to advise you. Sit down with him and
determine what your best interests are and how you can achieve these. If he
can not or will not advise you then seek other help. I think you would be
wise to prepare for the worst. Is it too late to try to reach a settlement
with more favorable terms?
Good luck,
Dave M.
Sorry. This was posted as a separate thread by mistake.
Thanks for the replies.
I am looking to seek services of a counsel to protect my personal
assets. I am not trying to avoid that. However, I want to be more
informed when I talk to the lawyer.
The arbitrator assigned 70% responsibility to me which I think is
unfair. There was enough time for the driver to examine the damage to
her car, walk to my car which was about 20-30 ft. Most importantly, I
had no idea that there was a second person in the car. I didn't leave
my car on the tracks neither did I expect that she would leave it in
the path of the train. An independent witness also testified that
there was 3-5 minutes from the time of my impact and the train's
impact. Hence, I want to go in with an attorney to protect my
interests. The award is $350000. The auto policy would cover upto
$100000. Beyond that, what all can the other party do to get the rest
of the award from me and what all insurances (I have home owners
insurance) will protect me is what I want to know.
I am also not sure how to choose a lawyer to protect personal
interests. I don't want to depend on the yellow pages or TV ads for
determining the reputation of a lawyer. Thanks for any suggestions.
 
 
charlesbreitel@yahoo.com (cbreitel)
9/8/2004 10:09:46 PM


rameshrachapudi@hotmail.com (phdpudi) wrote in message news:<91273512.0409061742.3cc1bc4e@posting.google.com>...
I am a newcomer to this forum. I have a situation that I would like to
share and seek your opinions and thoughts please. Please read the
entire message.
In Oct 2000, I was involved in a minor fender bender. I was travelling
at about 10 mph because I just turned on to that road. The railroad
crossing lights started flashing and I slammed on my brakes. I slowed
down further but hit a car in front of me at the railroad crossing.
The car may have been pushed about 2-3 ft. After this impact I looked
back (since the railroad warning lights were flashing and bells were
ringing) and saw that the gates started to come down. I backed up
about 20-30 ft and pulled the car over. I then reached to the glove
compartment, searched for the latest registration card & insurance
card, found them. I took them and got out of my car. Examined the
front of my bumper to see the extent of damage. I then went to the car
behind me to see if they have a cell phone to have them call 911. They
did not have cell phone, so I went to the car behind them and
requested them to call 911. Then I walked back to my car. At that
time, I saw the driver of the car I hit examining the damage to her
rear bumper. Then she walked to my car. I told her that I'm sorry I
hit her car. I couldn't stop in time. I then asked her if she was OK?
She said she is fine. She didn't say her car stalled or if she needed
any help. Within the next few seconds, we heard a train whistle and
saw the haed light of the train. Next thing we saw was the car was hit
by the train, was thrown in to the air and hit the warning pole.
That's when we both knew that her car was left on the tracks. The
driver of the other car who I was talking to said, "Oh, my god, I want
my husband back." I realized that there was a second person in the
car. Later we realized that the person left in the car died because of
the train's impact.
There was a witness who testified that there was about 3-5 minutes
between the time of my car's impact and the train's impact. Now the
other driver has sued me. The driver was a 56 year old woman and the
deceased was a 72 year old man. My insurance company would cover up to
my policy limit ($100000), but an arbitration counsel awarded about
$350000. The insurance company decided to reject the arbitrator's
decision. Now, here is my question. I am responsible for the rear
ender but I don't think I am responsible for the death of the
passenger of the car in front of me.
If, in the end, the award to them is more than my insurance policy,
what all can the judicial system do to me to make me pay monetarily?
How can I protect my house from being taken away from me? Can any
body recommend me an attoney in NJ who may have helped their client in
such a situation? The insurance company's lawyer may work until the
policy limit is exhausted. After that I have to defend my interests
myself.
Thank you for your patience in reading this message and your
suggestions are welcome.
First, stop trying to take advice from strangers whose qualifications
you know nothing about, like Mr. Martel.
Second, you should be addressing your concerns with your lawyer. Your
situation is too complicated to be addressed here on a usenet forum.
Go back to your lawyer and obtain answers to your questions from him,
as is your right and his duty.
 
 
rameshrachapudi@hotmail.com (phdpudi)
9/9/2004 7:29:52 AM


charlesbreitel@yahoo.com (cbreitel) wrote in message news:<74317df6.0409082109.11aff6dc@posting.google.com>...
rameshrachapudi@hotmail.com (phdpudi) wrote in message news:<91273512.0409061742.3cc1bc4e@posting.google.com>...
First, stop trying to take advice from strangers whose qualifications
you know nothing about, like Mr. Martel.
Second, you should be addressing your concerns with your lawyer. Your
situation is too complicated to be addressed here on a usenet forum.
Go back to your lawyer and obtain answers to your questions from him,
as is your right and his duty.
As I wrote in one of my follow up e-mails I am not trying to avoid
seeking an attorney's advice and counsel. However, I want to be more
informed of my options and choices before I talk to one. Being
prepared and understanding the law & consequences ahead of time will
only help but does not hurt. Also, one of my other questions was if
anyone could recommend a lawyer in NJ that may have dealt with cases
like this. Thanks again for your thoughts.
 
 
charlesbreitel@yahoo.com (cbreitel)
9/11/2004 10:04:16 PM


rameshrachapudi@hotmail.com (phdpudi) wrote in message news:<91273512.0409090629.50cfabb9@posting.google.com>...
charlesbreitel@yahoo.com (cbreitel) wrote in message news:<74317df6.0409082109.11aff6dc@posting.google.com>...
As I wrote in one of my follow up e-mails I am not trying to avoid
seeking an attorney's advice and counsel. However, I want to be more
informed of my options and choices before I talk to one. Being
prepared and understanding the law & consequences ahead of time will
only help but does not hurt. Also, one of my other questions was if
anyone could recommend a lawyer in NJ that may have dealt with cases
like this. Thanks again for your thoughts.
The reason I wrote what I did is because I sincerely believe your
situation is complex enough that you need an attorney who is competent
in insurance law, in your state, in addition to an attorney who will
take the time to examine your situation in detail. Some questions
asked here on usenet are not appropriate for short answers, and any
attorney attempting to give you such a short answer I would view with
suspicion. Your situation falls into this category.
 
 
rameshrachapudi@hotmail.com (phdpudi)
9/14/2004 2:12:46 PM


charlesbreitel@yahoo.com (cbreitel) wrote in message news:<74317df6.0409112104.23d4a5cd@posting.google.com>...
rameshrachapudi@hotmail.com (phdpudi) wrote in message news:<91273512.0409090629.50cfabb9@posting.google.com>...
The reason I wrote what I did is because I sincerely believe your
situation is complex enough that you need an attorney who is competent
in insurance law, in your state, in addition to an attorney who will
take the time to examine your situation in detail. Some questions
asked here on usenet are not appropriate for short answers, and any
attorney attempting to give you such a short answer I would view with
suspicion. Your situation falls into this category.
I posted a thank you note for all the kind people that read and posted
replies which has not appeared so far.
In the meanwhile, can anyone please explain what my insurance company
"should" pay the plaintiff. My liability coverage is $100000 per
person and $300000 per accident. One person died because of the
train's impact. His wife is suing for damages to her life. Is the
insurance company required to pay upto 300000 or no more than 100000?
I talked to the insurance company sales/service person and she says
the insurance company can/will pay upto 300000. But she said it is
only lawyers that can tell me/decide whether the ins co should pay
300000 in this case.
Thanks again for any light you can shed on this. I am going to discuss
my options/situation with the ins co appointed lawyer. I have an
appointment with a personal lawyer next week.
 
 
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