收到法庭传票， LG 被黑人告了。 LG 现在人在中国。下周回来。
事故发生在 2009 年 9 月，当天的情况是这样：黑人在前， LG 在后，来到一个红绿灯前，灯变黄，黑人急刹车， LG 没刹住，追尾了。黑人从车上下来时还算 nice ，对 LG 说的第一句话是：“ Are you OK ？”当时看来双方人都没受伤。我们自己的车没什么损坏，只是沾上了对方车的黑漆。对方的车很旧， bumper 有擦伤。当时两人只是交换了保险信息就各自开车走了。因为出事地点离我们的保险经纪人的办公室很近，事后 LG 马上开车去报告了事故经过，当时经纪人看了我们的车，因为没什么损坏，经纪人连照相都没有照。后来老黑的车估价 600 多刀的损失，我们就让他找我们的保险公司理赔。我们自己没报损失。我们以为事情就算完了。谁知现在黑人告了 LG ， 我看了法庭传票上老黑的 CLAIM ，差点气晕。
我们的保险公司早在两个月前就通知我们，说黑人可能会告我们，如果我们收到传票，要马上通知他们。据说黑人在事故后第二天就去看了 Chiropractic 。后来他跟保险公司交涉，保险公司给他 10000 刀，但是他没有 Settle 。反而把 LG 告了。现在保险公司在收到我传真过去的传票后，寄来了一封 Certified mail ， 信中说黑人所告金额超过了我们的保额，我们可能需要请自己的律师。
保险公司的 claim rep 打电话来跟我谈了几次，了解了一些情况，因为我不是当事人，只是转述了 LG 告诉我的一些细节。据该 rep 说这个黑人的 claim 是 far fetched ，也许他胜诉的可能不大？但是保险公司已经 offer 过 1 万刀给他而他没有接受。
现在的情况是：保险公司指定的律师还没有跟我们联系。 LG 下周就回来了。出事那辆车已经在 2010 年初卖掉了。 LG 说事故后他照了自家车的照片，在家中某部电脑上，等他回来可以找出来。我们的保险是全保， Personal Injury 保额是 10 万。
我把两个文件放上来，大家看看更清楚些。看完请老猫和其他有经验的人帮我们参谋一下。我们来美二十多年从来没遇到过这种事情。 LG 总共吃过一两次超速发单。几年前 LG 被记过 2 点，已过期了。现在我有几个问题：
1． 我们是不是得马上请个好律师？费用大体要多少呢？如果我们和保险公司胜诉的话，我们的律师费是由起诉的黑人支付吗？老黑没钱怎么办？
2． 如果我们不请自己的律师，而保险公司的律师败诉的话，我想我们要负责的部分是超出保额 10 万以上的赔偿。我们可以appeal吗？
3． 这两个多月我们被这件事搅扰得很烦，官司结束前还有得烦的，我们可以 counterclaim emotional distress and loss of sleep吗？
4． 有陌生人告诉我说可以告对方： committed Frivolous Action. 说是也许这样能够让对方畏难而终止上诉。这个建议如何呢？
6． 老黑可能知道我家的地址和LG的工作地点，我们有点担心人身安全。
恭请建议，感激不尽！
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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：两律师的签名，地址，电话等等。 )
Attorneys for plaintiff
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下面是保险公司的来信：
CERTIFIEDMAIL- RETURNRECEIPTREQUIRED
RE ： Claim Number: 00-0000-000
Dear Mr. LG:
We have forwarded a copy of your claim file to E ( 注：律师事务所，地址，电话，传真 ).
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
电话
保险公司名称
cc: 律师姓名
地址
