收到法庭傳票， LG 被黑人告了。 LG 現在人在中國。下周回來。
事故發生在 2009 年 9 月，當天的情況是這樣：黑人在前， LG 在後，來到一個紅綠燈前，燈變黃，黑人急刹車， LG 沒刹住，追尾了。黑人從車上下來時還算 nice ，對 LG 說的第一句話是：“ Are you OK ？”當時看來雙方人都沒受傷。我們自己的車沒什麽損壞，隻是沾上了對方車的黑漆。對方的車很舊， bumper 有擦傷。當時兩人隻是交換了保險信息就各自開車走了。因為出事地點離我們的保險經紀人的辦公室很近，事後 LG 馬上開車去報告了事故經過，當時經紀人看了我們的車，因為沒什麽損壞，經紀人連照相都沒有照。後來老黑的車估價 600 多刀的損失，我們就讓他找我們的保險公司理賠。我們自己沒報損失。我們以為事情就算完了。誰知現在黑人告了 LG ， 我看了法庭傳票上老黑的 CLAIM ，差點氣暈。
我們的保險公司早在兩個月前就通知我們，說黑人可能會告我們，如果我們收到傳票，要馬上通知他們。據說黑人在事故後第二天就去看了 Chiropractic 。後來他跟保險公司交涉，保險公司給他 10000 刀，但是他沒有 Settle 。反而把 LG 告了。現在保險公司在收到我傳真過去的傳票後，寄來了一封 Certified mail ， 信中說黑人所告金額超過了我們的保額，我們可能需要請自己的律師。
保險公司的 claim rep 打電話來跟我談了幾次，了解了一些情況，因為我不是當事人，隻是轉述了 LG 告訴我的一些細節。據該 rep 說這個黑人的 claim 是 far fetched ，也許他勝訴的可能不大？但是保險公司已經 offer 過 1 萬刀給他而他沒有接受。
現在的情況是：保險公司指定的律師還沒有跟我們聯係。 LG 下周就回來了。出事那輛車已經在 2010 年初賣掉了。 LG 說事故後他照了自家車的照片，在家中某部電腦上，等他回來可以找出來。我們的保險是全保， Personal Injury 保額是 10 萬。
我把兩個文件放上來，大家看看更清楚些。看完請老貓和其他有經驗的人幫我們參謀一下。我們來美二十多年從來沒遇到過這種事情。 LG 總共吃過一兩次超速發單。幾年前 LG 被記過 2 點，已過期了。現在我有幾個問題：
1． 我們是不是得馬上請個好律師？費用大體要多少呢？如果我們和保險公司勝訴的話，我們的律師費是由起訴的黑人支付嗎？老黑沒錢怎麽辦？
2． 如果我們不請自己的律師，而保險公司的律師敗訴的話，我想我們要負責的部分是超出保額 10 萬以上的賠償。我們可以appeal嗎？
3． 這兩個多月我們被這件事攪擾得很煩，官司結束前還有得煩的，我們可以 counterclaim emotional distress and loss of sleep嗎？
4． 有陌生人告訴我說可以告對方： committed Frivolous Action. 說是也許這樣能夠讓對方畏難而終止上訴。這個建議如何呢？
6． 老黑可能知道我家的地址和LG的工作地點，我們有點擔心人身安全。
恭請建議，感激不盡！
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COME NOW Plaintiffs A （注：黑人） and B （注：黑人老婆） , by and through undersigned counsel, and file this Petition for Damages, and, for their causes of action against Defendant state as follows:
PETITION FOR DAMAGES
1. Plaintiffs are residents of X County, M ( 注：州名 ).
2. Defendant, LG, is a resident of X County, M.
3. The claims herein arose in X County, M.
4. On or about the 12th day of September 2009, Plaintiff was traveling Northbound on Highway 00 when he approached the intersection of C Road and S Blvd. M ( 注：州名 ) ， and slowed to a complete stop to wait a left-turn signal.
5. At all times material hereto, Defendant owed a duty of care to drive his vehicle in a careful and prudent manner and at a rate of speed so as not to endanger the property of another or the life or limb of any person and to exercise the highest degree of care; Defendant’s duty of care was owed to all persons traveling upon M’s roadways, including the Plaintiff in this case.
6. Defendant LG breached his duty of care when he negligently operated his vehicle by causing it to collide with the rear-end of the Plaintiff’s vehicle.
7. This collision and the resulting damages are due to the negligence of the Defendant as follows:
a. Defendant failed to operate his vehicle in such a manner as a reasonably prudent driver
would under the same driving conditions.
b. Defendant failed to keep a careful lookout of the traffic ahead.
c. Defendant failed to travel at a safe speed.
d. Defendant failed to notice the Plaintiff’s vehicle at a complete stop and failed to stop his vehicle so as to avoid colliding with the Plaintiff’s vehicle.
e. Defendant collided with the rear-end of the Plaintiff’s vehicle.
f. The accident and resulting injuries sustained by the Plaintiff were the natural, probable, and foreseeable consequence of the Defendant’s negligence.
8. As a direct, natural, probable, and proximate result of Defendant’s negligence described above, Plaintiff have suffered damages.
COUNT I – PERSONALINJURY to A
Comes now Plaintiff A and for his cause of action against the defendants states:
9. Plaintiff hereby incorporates by reference each of the allegations set forth in paragraphs 1 through 8 hereof as though fully set forth herein.
10. As a direct, natural, probable, and proximate result of defendant’s negligence described above, Plaintiff A, who was wearing a seatbelt, suffered the following injuries:
a. Plaintiff sustained injuries to his lower back causing severe pain and discomfort for which he had to seek treatment and will have to continue seeking treatment through steroid injections, physical therapy, and an at-home electronic pain management device.
b. Plaintiff suffered from loss of sleep and continues to suffer difficulty sleeping due to the discomfort in his lower back.
c. Plaintiff sustained injuries to his neck causing shooting pains throughout his neck and back.
d. Plaintiff continues to suffer discomfort which significantly affects his ability to engage in sexual activity.
e. Plaintiff continues to suffer injuries which are permanent and progressive, for which he will have to seek medical treatment into the foreseeable future.
In addition to the injuries described above, Plaintiff has incurred lost of wages of approximately $3,136.08 and medical expenses as a result of necessary future medical treatment.
WHEREFORE, Plaintiff states that he has been damaged, for which damage she prays judgment against Defendant in the amount of $11,024.96 for the medical care and costs, $3,136.08 for last wages, $10,000.00 for future medical expenses, and $50,000.00 for his pain and suffering and for his costs in this action and for such other relief as this Court may deem just and proper in the premises.
COUNT II – LOSS of CONCORTIUM
Comes now Plaintiff B and for her cause of action against Defendant states:
11. Plaintiff incorporates by reference each of the allegations set forth in Paragraphs 1 through 10 as though fully set forth herein.
12. At all times herein mentioned, Plaintiff B was the lawfully wedded wife of Plaintiff A.
13. As a direct and proximate result of the aforesaid occurrence and resulting injuries and damages sustained by Plaintiff A, Plaintiff B has been caused to lose the service, consortium, companionship, comfort, instruction, guidance, counsel, training, and support of her husband.
WHEREFORE, Plaintiff states that she has been damaged, for which damage she prays judgment against Defendant in such sum as may be fair and reasonable in light of these facts, but in excess of Twenty-Five Thousand Dollars ($25,000.00), together with her costs in this behalf expended.
Respectfully submitted,
By: C &D ( 注：兩律師的簽名，地址，電話等等。 )
Attorneys for plaintiff
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下麵是保險公司的來信：
CERTIFIEDMAIL- RETURNRECEIPTREQUIRED
RE ： Claim Number: 00-0000-000
Dear Mr. LG:
We have forwarded a copy of your claim file to E ( 注：律師事務所，地址，電話，傳真 ).
We have asked this firm to proceed with your defense in the lawsuit brought against you by A and B. You do not have to appear in court on the date stated in the legal papers, as an attorney from the law firm will appear for you. They will notify you if you are required to make an appearance in court at a later date. Under the terms of your policy, this firm is entitled to your complete cooperation throughout the handling of this litigation. Members of this law firm may desire to discuss the lawsuit with you. They will notify you when they desire you to call at their office. Please comply with all requests the law firm may make.
If you or other members of your family have other liability insurance or protection that may apply, you should notify that insurer at once about the accident and suit and supply me with information about that insurance or protection.
The amount claimed against you for general damages in this suit is in excess of the protection afforded by your policy. Any judgment against you could be in excess of the protection afforded by this policy and there may be a personal liability for damages on your part. In view of your possible personal liability, it will be agreeable with the Company for you, if you so elect, to employ attorneys of your own choosing, at your own expense, to represent you personally and to appear in this matter in addition to the law firm we have selected and will compensate.
Under the rules of the court in which this law suit is filed, if you wish to assert any claim against the above-named plaintiff(s) for damages arising out of this accident, you should consult immediately with your personal attorney or with the above-named attorneys. The will advise you with respect to the filing of a counterclaim for damages in this action. If this lawsuit is settled or tried without your filing a counterclaim, you may have no right to file s separate lawsuit against this plaintiff for the collection of your damages. We would urge, therefore, that you discuss this matter either with the above-named attorneys or with your own personal attorney.
In addition to defending you in this matter, please be advised that we will pay certain expenses incurred by you. These expenses include lost of wages or salary, but not other income, up to $200 for each day an insured attends, at our request, an arbitration, a mediation, or a trial of a lawsuit and reasonable expenses incurred by the insured at our request other than loss of wages, salary, or other income. Please report to us any expenses you incur.
It may be necessary to contact you on short notice. We request that you immediately notify this office, as well as the attorneys designated above, as to any change in your present address or telephone number, even though it may be a temporary change.
Sincerely,
XXX XXXXX
Claim Representative
電話
保險公司名稱
cc: 律師姓名
地址
