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Discussion Starter #1
accident where I am being sued by the passenger for injuries, pain & suffering and all the bullshit.

http://forum.justlabradors.com/showthread.php?t=1732

While I was away last week in New Mexico, a letter came from my attorney. They appealed the $25,000 award by the arbitraiton panel & the case is now scheduled for sometime between 5-26 & 6-5 to be heard at trail.

I am curious to find out if this will be a traditional trial with witnesses, etc. I think he said that it will not be a jury trial, but I have to ask.

Also, as I am scheduled to be out of town on 6-4 & 6-5. Plus I am not even sure if I need to be there, hopefully not. I really do not want to have to change my vacation for this.
 

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That kind of stuff just really pisses me off too. I thought you only had 3 years to do auto accident claims?
 

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In AZ the limit for filing is 2 years but court dates can be years later.

If you are the one being sued you shouldn't have to be there. They cannot force you to testify. When I sued the guy who caused all my shoulder damage (State Farm didn't even want to cover the medical bills) the kid never showed. State Farm's attny stipulated that he rear ended me.
 

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Discussion Starter #6
That kind of stuff just really pisses me off too. I thought you only had 3 years to do auto accident claims?
That is the problem, the dirtbag jackass filed the claim right at the 2 year statute of limitation. It has been dragging on and on and on since then, so we are nearly 4 1/2 years since the actual accident.

If you are the one being sued you shouldn't have to be there. They cannot force you to testify.
Obviously, it if all comes down before I am scheduled to go, then I will take my ass to court simply to be there. I hate the idea of losing time from work, but it is what it is.

I suspect I won't have to testify simply because my story has remained the same since Day 1. I gave my statement during the deposition in January 2007 and again at the arbitration in March 2009. What really surprised my attorney at the arbitration is the opposing counsel did NOT cross-examine me. I was direct examined by my attorney and that was it.

I think it was because the issue at hand is not whether it was my fault, it was, neither my insurance company nor I have ever dispurted that point. I rear-ended the other car. The issue under the claim is more the medical expenses and other BS this guy is trying to claim.
 
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