July 20, 2004

lawsuit result

xz asked about this, so i might as well post it:

what happened about hmc’s lawsuit hearing yesterday?

1. our lawyer, charles bonner didn’t show. he sent some contractor woman lawyer in his place, who had no foreknowledge of the case and just looked over the numbers just before the hearing.
2. an hour and a half before the hearing, the other side offered to settle for the maximum amount the insurance company was liable for, which was $25k. this is far less than the damages claimed of $150k, and even less than actual medical bills and lost income of $50k. however, this was a switch as they stopped trying to deny liability.
3. the hearing was pretty much a formality, and the arbiters kept trying to get hmc to accept the settlement, which the lawyer had warned her (against).
4. at one point, the arbiter asked the rent-a-lawyer a question, and she said, “hey, i don’t know! i’m just a contractor doing a favor for charles bonner!”
5. the arbiter said that above and beyond the insurance company’s $25k offer, to recoup more would involve starting a separate civil suit against the other woman, trying to go after her assets if she has any. and then even if won, would be very costly and long in trying to actually get money out of any decision.
6. the other option would be to go after our own insurance, which may have coverage for uninsured/underinsured motorist.
7. it turns out charles bonner really now specializes in racial/gender employment discrimination cases. in fact, he was in sacramento dealing with such a case. instead of in san francisco. dealing with ours.
8. next steps are that the “lawyers” are going to do some investigation to see if the other party has any assets to go after, and then decide from there the next course of action.

so it’s done, but not really done. at worst we get 2/3 of $25k minus fees for making copies of all the documentation that we compiled and wrote. it’s not much but it’s something i guess.

Posted at July 20, 2004 10:12 AM
Comments

i was just about to write to you and ask how the lawsuit went when i decided to read your blog for the first time in, well, in a while. and voila! there’s all that info laid out for me, and i don’t even have to make contact with a real person. (an aside: e-mail now counts as human contact?!?!) woohoo! i loves technology.

Posted by: wildflower at July 20, 2004 2:40 PM

a story:

i got hit by a car on my bike.
they took me off on a stretcher.
no one got the info on the woman who hit me, even though she was at the scene for 30 minutes.

i had a type 3 shoulder separation. it hurt. i wore a sling. i did physical therapy.
now i have a bone that will stick up for the rest of my days. you can quote me out of context on that one, too.

my car insurance company wouldn’t cover my medical bills, which weren’t cheap.
i got a referral for a lawyer. he was cool.
i got 2/3rds of $25K, minus expenses. the lawyer told me that was probably the best i could do.

the end

Posted by: slim at July 20, 2004 3:46 PM

yikes. i’m not riding a bike again until they come out with those personal force fields.

Posted by: e at July 20, 2004 10:10 PM

my brother says his PI Atty is a sleazeball but did his job well and called him whenever anything happened. you can write him if you want his info.

Posted by: xz at July 21, 2004 10:20 AM

Comments are now closed for this entry. Thank you for playing.