【紧急求助】追尾事故,收到法院传票
(2008-05-11 15:31:54)
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【求助】追尾事故,收到法院传票
昨天收到法院的一个传票,是由05年12月12日的一起车祸引起的。当时是下雨天,大概是早上上班时间,我驾车行驶至学校附近的十字路口,但是车速都很慢,而且前后车距离都很近,由于我驾驶油门没控制好,误撞上了前面车的后bumper。我立刻意识到追尾了,下车去看前面的驾驶员,是一个50岁左右的男性,而且我前面的车也撞上了他前面的车,车主是个50岁左右的女性。当时这两人都觉得不舒服,要叫救护车,我于是赶紧打了911。警察来了,同时救护车也来了,把这两人送到医院检查,但事后我并不知道检查结果,我的保险公司处理了。我当时没有带保险卡,警察给我做了笔录,开了张ticket,要我10天内到法院做保险卡记录,我事后的5天去法院做了记录。而且事发的当天我通知了保险公司,保险公司说事故报告要1个月后才能拿到。时候,就是一起简单的追尾车祸报告,我当时前bumper撞击的损失评估是$800。由于当时救护车来了,我并没有机会和被撞人交换地址和保险。
1年后,大约是06年11月,(GEICO)保险公司处理这起事故的人打电话通知我,他们已经赔付被撞人大约$1,8000,但是被撞车主还好继续要钱。我问,是不是多的钱,我需要不上,保险公司说,他们会处理,不需要我补钱,他们只是通知我一下,已经做了赔偿了。
结果,昨天收到了KENTUCKY巡回法院来的传票,这个诉讼应该是男车主起的,而且通知5月20号前就要找律师回复。今天已经11日了,我从来没有打过官司,下面是原告的诉状,希望大家能够帮忙出点主意和建议。
十万火急啊,谢谢大家了!!!!!
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