One other thing i'd like to point out is that law (court) is going to look at you as an adult, who should be using all appropriate caution on a residential street with the probability that there are kids in close proximity. The 11-yr old girl's actions are going to be judged on that basis - she's not an adult, so she doesn't possess an adult's comprehension of possible dangers. Generally, at the age of 11, she should be 'aware', but not up to the level of an adult. If she were younger, say 6 or 7 - your prospect for a positive outcome would be even less.

 

^God forbid her parents diligence (or lack thereof) should come into play.

 

What struck me was that you mentioned first the damage to your car. Number one, if this makes it to court, don't cry about your loss first. Makes you unsympathetic. I know that is a big word but the lawyer you hire will understand it. This is a carefree child who did what alot of kids do, namely riding her bike. Sure, she hit the side of your car. Bottom line, a dude in a German luxury car hit her. Dollar signs will roll. Poor innocnt child. This is a true scenario. She did nothing wrong, and neither did you. Mindin your own bidnez. Then some kid crashed into you. Play the better man. The world has been f'd up by lawsuits and opportunists. Why add to that? Take what you can and thank your lucky stars you didn't kill her.

 

yeah, you definately don't want to sound like the guy in the Audi A8 who killed a pedestrian then sued the family for car damages in Europe...

 

I have a feeling she will win, cicil suits suck and all you have to do is prove just a little bit at fault and your done, I saw it previously posted that someone was mentioning that. Also better hope they don't look at audiforums because everything you have said in here is legal evidence and testimony in court. Just a heads up. good luck anyway i hope it works out but i have already lost all hope for the justice system so be prepared to take it up the a$$. maybe you can file a counter suit and the two claims wilol cancel each other out. who knows anymore.

 

Long story short, the family saw you driving an Audi and wanted to get some of your hard earned money. It's the new American dream, sue or get sued.

 

one quick pm and this thread can never of existed

 

Believe me as the father of an 11 year old that WAS the first thing I thought of. As for the damage to my car? It is a constant reminder of the scariest driving experiences I have had at 32 years old and this was over 5 months ago..... thats what struck me .... why wat. Money from the last law suit run out? IDK I just got pissed and it was an instant reaction ..... "sue me ? I didn't do anything. Well if yiu can, I can too..." that was my initial response. I didn't intend to sound like a cruel heartless bastard but I was a little hungover and cranky when I got this letter saturday morning .....


I haven't said "anything but the whole truth, nothing but the truth. So help me god. Therefore no self-incrimination took place. I spoke with my insurance company and they actually have received notice of this 2 weeks prior to me and have, unsucessfully at this point, attempted to contact the mother of said child. They have also hired and independent company to go out and canvass the neighborhood for witnesses and found 3 that will corroborate that I again was at no fault and that there was no physical way that I could have stopped or seen her coming due to the truck obstructing my view. I too also contacted two witnesses from the scene. One was an elderly couple (who was traveling up the street in the opposite direction in their vehicle) and would be more than willing to provide any written statements and/or subsequent court appearences. I'm confident that if in fact this does go to trail and the insurance company does not settle (which that sounded like they were sure that there is zero liability on my part) that all will work out for the best.

LOL! I doubt the family even owns a computer let alone visits AF. The ambulance chasin lawyers that that have retained probably aren't smart enough to use one ...... but yeah I thought that too ....



I'll keep ya posted .....