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Last Post 05/04/2009 10:18 PM by  HuskerCat
Adjuster needs help.
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dnjsdad
Member
Member
Posts:77


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05/01/2009 10:38 AM
     
    I was served today by a TX Constable.  Here is the situation.  A friend of mine and I we were working IKE claims together and he fell off a roof.  He broke his heel, and ankle.  My wife and I were taking care of him while I was still working and his mother came down to help take care of him.  While she was here she helped put together files and helped my wife to get more organized.  She was living in my home and taking care of her son.  She has no prior back ground in putting together claims or any insurance back ground at all.  She just had me served for $9500.00 claiming Quantum Merut and for a 1987 Monte Carlo that her son traded in on a truck.  She signed the title and I am not on the title of the truck that was purchased.  However I did loan her son the difference between the trade in and the cost of the new truck.  He didnt expect to fall and expected to have money to pay me back which he never made.  I have never been in this situation and court is on the 18th of May.  Any advise would be much appreciated. 
     
    Thanks,
    Dnjsdad
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    HuskerCat
    Veteran Member
    Veteran Member
    Posts:762


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    05/02/2009 2:58 AM
    Posted By dnjsdad on 01 May 2009 10:38 AM
     
    I was served today by a TX Constable.  Here is the situation.  A friend of mine and I we were working IKE claims together and he fell off a roof.  He broke his heel, and ankle.  My wife and I were taking care of him while I was still working and his mother came down to help take care of him.  While she was here she helped put together files and helped my wife to get more organized.  She was living in my home and taking care of her son.  She has no prior back ground in putting together claims or any insurance back ground at all.  She just had me served for $9500.00 claiming Quantum Merut and for a 1987 Monte Carlo that her son traded in on a truck.  She signed the title and I am not on the title of the truck that was purchased.  However I did loan her son the difference between the trade in and the cost of the new truck.  He didnt expect to fall and expected to have money to pay me back which he never made.  I have never been in this situation and court is on the 18th of May.  Any advise would be much appreciated. 
     
    Thanks,
    Dnjsdad
    It's nice to have friends like that.  Why on earth you were served papers is beyond me.......were they of the impression that you were his "employer" when he got hurt?  There has to be more to this. 
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    Tom Toll
    Moderator & Life Member
    Senior Member
    Senior Member
    Posts:1865


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    05/02/2009 11:22 AM
    If she has no contract showing you hired her for this work, the claim should not be valid. Not sure about the vehicle. Sounds like you should have charged your friend for home care. Friends, no, I don't think so.
    Success is not final, failure is not fatal: it is the courage to continue that counts.
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    Jud G.
    Advanced Member
    Advanced Member
    Posts:509


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    05/02/2009 1:29 PM
    Get an atty and tell her to suck an egg. I've been in several situations where I technically could have sued my friends, but never have and the thought never crossed my mind until now. Good friends are hard to find and worth more than their weight in gold.
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    Snappy
    Guest
    Guest
    Posts:43


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    05/02/2009 7:38 PM

    I would advise that details be kept

    to a minimum on this website in case

    this case goes to trial or morphs into

    something even worse.  Details are for

    depositions and open court. Good luck.

     

    Guy Snappy

     

    Drink up Shriners and rope off

    on roofs. And remember no man

    is truly drunk as long as he can lay

    on the floor without holding on.
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    Joeblack
    Guest
    Guest
    Posts:47


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    05/02/2009 9:54 PM
    It appears that she is asking for Quantum Meruit for the help she provided you, aka the reasonable value of the services she provided you in helping you with claims. Absent a prior specific agreement between you and her as to the value of her services, you would owe her the reasonable value of her services as determined by the court. So, you probably owe her something for what she did, assuming she did help you.
     
    However, Quantum Meruit also might apply to the service you provided her and/or her son when they lived in your house. You may have a counterclaim against her for the value of the service you provided her, and you could also name her son as a third party defendant.
     
    You might as well muddy the waters real good and counterclaim against her for food, lodging, care, etc. that you provided her and her son. Maybe it will all wash out.
     
    Not sure how the truck is involved, but you might as well sue her son for the balance of the loan.
     
    Good luck.
     
     
     
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    ChuckDeaton
    Life Member
    Senior Member
    Senior Member
    Posts:1110


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    05/02/2009 10:53 PM
    Dnjsdad, take Snappy's advice and don't discuss this further in a public forum.
    "Prattling on and on about being an ass with experience doesn't make someone experienced. It just makes you an ass." Rod Buvens, Pilot grunt
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    dnjsdad
    Member
    Member
    Posts:77


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    05/03/2009 12:24 AM
    Thanks for the input. 
     
    Dnjsdad
     
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    stormy56
    Guest
    Guest
    Posts:8


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    05/03/2009 12:33 AM
    Good advice, get an attorney and shut up.
     
    The attorney will probably figure out what is going on -- you need a flow chart to figure out all the potential causes of action.
     
    1. The mother probably has a cause against her son if he did not pay her monies owed (car loan).
    2. You probably have a cause against her son if he failed to pay back monies owed to you (car loan).
    3. The son may have a cause against you, depending on the nature of your business relationship.
    4. Mother probably doesn't have an action against you for her son's car loan (no privity of contract).
    5. The mother may have a cause in quantum meruit . . . however. . .  quantum meruit usually involves something like the following scenario: you pull your Airstream into an RV park and blow a tire. Unbeknownst to you, another Airstream in the RV park has a blown tire and calls for a serviceman to repair the tire. Instead of repairing the tire of the other guy who called the serviceman, the serviceman repairs your tire. Because it was through no great fault of the serviceman, the serviceman could sue you in "quantum meruit" for the value of the services that I performed in repairing your tire.
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    linhoch
    Guest
    Guest
    Posts:33


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    05/04/2009 7:46 PM
    It sounds like you need an atty.
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    Tim_Johnson
    Member
    Member
    Posts:243


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    05/04/2009 9:50 PM
    $9,500 demand, the attorney you hire should not cost you over $30,000.00
    Tim Johnson
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    HuskerCat
    Veteran Member
    Veteran Member
    Posts:762


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    05/04/2009 10:18 PM
    Another example of "no coverage" under an E&O policy.   You need to report it to your HO and/or CGL carrier for defense coverage (if you carry CGL coverage).  The whole thing stinks, plus it crosses lines....personal loan & injury in the course of working, etc.  If you had no written contract regarding either situation, that may bail you out.  But you still need to have any atty file the answer before default occurs.  Best of luck.
     
    I imagine the property owner was also served.
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