【緊急求助】追尾事故,收到法院傳票
(2008-05-11 15:31:54)
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【求助】追尾事故,收到法院傳票
昨天收到法院的一個傳票,是由05年12月12日的一起車禍引起的。當時是下雨天,大概是早上上班時間,我駕車行駛至學校附近的十字路口,但是車速都很慢,而且前後車距離都很近,由於我駕駛油門沒控製好,誤撞上了前麵車的後bumper。我立刻意識到追尾了,下車去看前麵的駕駛員,是一個50歲左右的男性,而且我前麵的車也撞上了他前麵的車,車主是個50歲左右的女性。當時這兩人都覺得不舒服,要叫救護車,我於是趕緊打了911。警察來了,同時救護車也來了,把這兩人送到醫院檢查,但事後我並不知道檢查結果,我的保險公司處理了。我當時沒有帶保險卡,警察給我做了筆錄,開了張ticket,要我10天內到法院做保險卡記錄,我事後的5天去法院做了記錄。而且事發的當天我通知了保險公司,保險公司說事故報告要1個月後才能拿到。時候,就是一起簡單的追尾車禍報告,我當時前bumper撞擊的損失評估是$800。由於當時救護車來了,我並沒有機會和被撞人交換地址和保險。
1年後,大約是06年11月,(GEICO)保險公司處理這起事故的人打電話通知我,他們已經賠付被撞人大約$1,8000,但是被撞車主還好繼續要錢。我問,是不是多的錢,我需要不上,保險公司說,他們會處理,不需要我補錢,他們隻是通知我一下,已經做了賠償了。
結果,昨天收到了KENTUCKY巡回法院來的傳票,這個訴訟應該是男車主起的,而且通知5月20號前就要找律師回複。今天已經11日了,我從來沒有打過官司,下麵是原告的訴狀,希望大家能夠幫忙出點主意和建議。
十萬火急啊,謝謝大家了!!!!!
COMMONWEALTH OF KENTUCKY
FAYETTE CIRCUIT COUT
CIVIL ACTION NO. 08-CI-2156
DIVISION NO. 9
HAROLD D. HULETTE PLAINTIFF
V.
XXX XX DEFENDANT
COMPLAINT
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Comes the plaintiff, by counsel, and for his complaint states as follows:
1. The plaintiff resides in Franklin County, Kentucky;
2. At the time of the automobile accident that is the subject of this lawsuit, the defendant was a resident of Feyette County, Kentucky;
3. On or about December 12, 2005, the plaintiff was operating his motor vehicle on Limestone Street in Feyette County, Kentucky;
4. On such same date, time and location, the defendant was operating his motor vehicle on Limestone Street in Feyette County, Kentucky;
5. On the same date, time and location, the defendant was careless, reckless and negligent in the operation of his motor vehicle, resulting in said motor vehicle striking the plaintiff’s vehicle from behind;
6. As a direct and proximate result of the carelessness, recklessness and negligence of the defendant, and the resulting collision, the plaintiff suffered serious bodily injury;
7. As a direct and proximate result of the carelessness, recklessness and negligence of the defendant, and the resulting collision and body injury to the plaintiff, the plaintiff has incurred medical expenses to treat his injuries and will incur additional medical expenses in the future in further treatment of his injuries.
8. As a direct and proximate result of the carelessness, recklessness and negligence of the defendant, and the resulting collision and bodily injuries to the plaintiff, the plaintiff has lost wages and other financial benefits and has suffered an impairment of his ability to earn wages in future;
9. As a direct and proximate result of the carelessness, recklessness and negligence of the defendant, and the resulting collision and bodily injuries to the plaintiff, the plaintiff has suffered physical pain and emotional distress and in all likelihood will continue to suffer physical pain and emotional distress for the remainder of his life.
WHEREFORE, the plaintiff prays for judgment against the defendant as follows:
1. Judgment for the medical expenses he has incurred to date and for the medical expenses he is reasonably likely to incur in the future;
2. Judgment for wage loss and other financial loss to date and for permanent impairment of his ability to earn wages in the future;
3. Judgment for physical pain and suffering and emotional distress to date and reasonable likely to be suffered in the future;
4. Judgment for such other necessary and proper relief to which the plaintiff may appear entitled, including a reasonable fee for his attorney, and including a trial by jury on any and all issues so triable here in.
JOHNSON, TRUE & GUARNIERI, LLP
BY: Richard M. Guarnieri
326 West Main Street
Frankfort, Kentucky 40601
Telephone: (502) 875-6000
Attorney for Plaintiff