Issue Being a Named Defendant?

skpiel98

skpiel98

Member
Joined
Oct 22, 2022
Messages
31
In Feb 2021, 19 days after DS got his driver license, he had an accident that totaled his car and the other vehicle. The accident caused a minor fracture for the other driver. The Court gave DS a reduced, non-moving violation and fine, and ordered a defensive driving class. He fully complied. Meanwhile, USAA said he was only 80% responsible, with 20% responsibility assigned to the other driver due to circumstances of the event at the intersection. There's a two-year statute of limitations for the other driver to file medical claims or a lawsuit. This week, two days prior to that two-year limitation, they filed a lawsuit for pain and suffering against DS (haven't filed any medical records, though). USAA is handling all legal issues on our behalf, but in speaking with the attorney today they said cases like this could take six months to a couple of years before settled. They don't anticipate going to court, but that's always a possibility.

Our concern isn't about the lawsuit - that's why we have insurance and it'll get settled. DS fully divulged the details of the accident, his responsibility, and the citation in his application to USAFA in March 2022. He then received an appointment to USAFA Class of '27 in December 2022. As I recall (but can't find in writing anywhere), appointees can't be named in any litigation when they report on I-Day. Does anyone know for sure (not speculation)? Would DS be allowed to enter, be turned back a year, or be denied entry and forced to reapply? We would hate for our son's dream to be ripped away because of a pain and suffering lawsuit. The attorney is familiar with USAFA (has a nephew there) and will try to settle early / before 28 June. But we're a bit worried about how this will all play out. We're waiting to contact USAFA for another month or two just to see how this case progresses. We're hoping it is a non-issue and the case will be settled before I-Day.
 
“Does anyone know for sure….”

If it were me as a,parent and if that is true …….Id be talking with my attorney for an actual,plan to see how all this could be settled before IDay.

Not hope and a prayer but a real plan.

Good luck this process is stressful enough already
 
Shouldn't this have been addressed/answered in his Form SF86 when he inprocessed?

(edit) oh sorry, I thought he was at USAFA already. Agree he should notify admissions.
 
First, your family should hire their own attorney. The attorney the insurance company hired works for the insurance company, not you. Your own attorney can pressure the insurance company to get the case settled more quickly, but there is no guarantee that will happen. In fact, it’s unlikely without immense pressure from your own attorney.
 
Just something to look into...

Could he sign over a Power of Attorney to you so you could represent him should the case go to court? I'm not an attorney by any means, but since this is a civil case and not criminal it might be a possibility.

If possible, I would mention that as the plan when discussing with USAFA. We had a slightly different issue with a speeding ticket 10 days before I-day. It was taken care of within 48 hours and reported to USAFA immediately. They requested written evidence that the case was closed and then cleared him for I-day. My understanding is they would not be able to return to BCT if they have to leave because of a subpoena/court appearance. I don't know about the possibility of turn back or anything like that.
 
Momto5 said:
Just something to look into...

Could he sign over a Power of Attorney to you so you could represent him should the case go to court? I'm not an attorney by any means, but since this is a civil case and not criminal it might be a possibility.

If possible, I would mention that as the plan when discussing with USAFA. We had a slightly different issue with a speeding ticket 10 days before I-day. It was taken care of within 48 hours and reported to USAFA immediately. They requested written evidence that the case was closed and then cleared him for I-day. My understanding is they would not be able to return to BCT if they have to leave because of a subpoena/court appearance. I don't know about the possibility of turn back or anything like that.
Click to expand...
Not sure the issue is appearing for anything. These cases are usually settled out of court.

The issue is he is the defendant.
 
Momto5 said:
Just something to look into...

Could he sign over a Power of Attorney to you so you could represent him should the case go to court? I'm not an attorney by any means, but since this is a civil case and not criminal it might be a possibility.

If possible, I would mention that as the plan when discussing with USAFA. We had a slightly different issue with a speeding ticket 10 days before I-day. It was taken care of within 48 hours and reported to USAFA immediately. They requested written evidence that the case was closed and then cleared him for I-day. My understanding is they would not be able to return to BCT if they have to leave because of a subpoena/court appearance. I don't know about the possibility of turn back or anything like that.
Click to expand...
The issue is two-fold, not just a matter of potentially appearing in Court. Many times these civil cases are settled out of court. If it does go to court, and if USAFA would still clear him for inprocessing, we would petition the court to delay the appearance to a time that would work better. The primary issue that I see is that he is identified as a defendant, and that we don't yet know if the case will be closed before I-day. Thank you for the insight about your son's speeding ticket. Interesting that even for a speeding ticket USAFA wanted evidence it was closed.
 
A1Janitor said:
Not sure the issue is appearing for anything. These cases are usually settled out of court.

The issue is he is the defendant.
Click to expand...
Correct... I see the biggest issue being that he was named as a defendant. It doesn't matter that it is a civil pain and suffering case brought forward by a large personal injury firm known for chasing money for accident victims (and themselves), or that the case will likely be settled out of court.
 
I agree with others that have said to contact admissions - both by phone and then codify by email after you get advice from them - repeat their advice or instructions back to them in an email so both sides are clear on how it would be handled if not resolved by report date. Good luck - depending on the state and attorney’s advice their partial “at fault” status may provide a mechanism for countering with the potential loss of his scholarship ‘ military status …. Hope all works out.
 
You are involved in civil matter. I would under no circumstance rush to settle unless the amount is trivial.

Find an attorney that understands military law and how a civil matter impacts an active duty participant.

I am never a fan of calling admissions to tell them something that may or may not be any of their business without the advice of knowledgeable counsel.

Why open a can of worms if you don’t need to do so.

Consult a knowledgeable attorney someone that has probably served as a JAG or spent time representing military members

Your appointee is not being charged criminally - would definitely have to disclose that
 
Cerberi said:
You are involved in civil matter. I would under no circumstance rush to settle unless the amount is trivial.

Find an attorney that understands military law and how a civil matter impacts an active duty participant.

I am never a fan of calling admissions to tell them something that may or may not be any of their business without the advice of knowledgeable counsel.

Why open a can of worms if you don’t need to do so.

Consult a knowledgeable attorney someone that has probably served as a JAG or spent time representing military members

Your appointee is not being charged criminally - would definitely have to disclose that
Click to expand...
The settlement is done by the insurance company. Generally the victims think they should get more than precedent. It takes awhile for them to come to their senses. And lawyers drag it out longer for higher fees.
 
Korab said:
First, your family should hire their own attorney. The attorney the insurance company hired works for the insurance company, not you. Your own attorney can pressure the insurance company to get the case settled more quickly, but there is no guarantee that will happen. In fact, it’s unlikely without immense pressure from your own attorney.
Click to expand...
I'm dubious this would do any good. OP, as the USAA insured, has no leverage that I can think of -- with or without their own attorney -- against USAA's attorney. You are correct that USAA's interests are 1) their own, and 2) their insured, and in that order. But short of OP assuming liability for themselves (IOW, disclaiming USAA's coverage), there's no way to force the plaintiff and his attorney into a prompt settlement. In fact, that this got to a lawsuit suggests to me that USAA's pre-litigation settlement offers were rebuffed.

FWIW, I'd focus my preparation on how to deal with this under the assumption that it will not be resolved by I-Day, and then considering it a pleasant surprise if it's settled beforehand. Last thought is that I'm sure USAA (of all insurance companies) has dealt with this scenario before, so maybe they have some institutional-knowledge strategies to deal with this particular scenario. At least you do have that possibility going for you.
 
I filed a defamation lawsuit against a woman pro se last year.

Her legal expenses and settlement were paid by insurance. The lawyer was hired by insurance company. It is ended quickly when I was willing to lower the settlement to an amount that was worth it to settle to the insurance company. I could have dragged it out if I wanted.

I have a close lawyer friend that does this type of work in NY. I have reached out to him for any advice to get it settled faster.
 
Korab said:
First, your family should hire their own attorney. The attorney the insurance company hired works for the insurance company, not you. Your own attorney can pressure the insurance company to get the case settled more quickly, but there is no guarantee that will happen. In fact, it’s unlikely without immense pressure from your own attorney.
Click to expand...
This is a ridiculous notion. The insurance company is in lockstep with you as policy holder. Their interests are your interests. They and their lawyers do this every day all day. The notion that you should hire your own attorney is complete nonsense. If, and only if, there is the possibility of exceeding your policy limits, you will then be informed to find representation.
 
jebdad said:
This is a ridiculous notion. The insurance company is in lockstep with you as policy holder. Their interests are your interests. They and their lawyers do this every day all day. The notion that you should hire your own attorney is complete nonsense. If, and only if, there is the possibility of exceeding your policy limits, you will then be informed to find representation.
Click to expand...

Absolutely. In fact, the insurance company would not want or possibly allow you to hire an attorney.

The insurance company cares about risk - not policy holder. They want to limit their legal costs and settlement payout.
 
jebdad said:
This is a ridiculous notion. The insurance company is in lockstep with you as policy holder. Their interests are your interests. They and their lawyers do this every day all day. The notion that you should hire your own attorney is complete nonsense. If, and only if, there is the possibility of exceeding your policy limits, you will then be informed to find representation.
Click to expand...
Ridiculous? You should really know what you are talking about before making claims like that. Nominally, your interests are the same as the insurance company’s but not in this instance. The OP’s interest is in getting the case resolved as quickly as possible without regard to cost so long as it is within the policy limits. The insurance company’s interest is to pay as little as possible without regard to time. In fact, they prefer to delay these cases, because in the interim, the cash they use to pay these settlements is sitting and earning interest at ever increasing amounts. The insurance company’s lawyer’s interest is to churn the file to create billable hours for himself, as he gets paid by the hour. 3 different sets of interests, and only the OP’s involves resolving the case before I-day. He should get his own attorney.
 
franknd said:
I'm dubious this would do any good. OP, as the USAA insured, has no leverage that I can think of -- with or without their own attorney -- against USAA's attorney. You are correct that USAA's interests are 1) their own, and 2) their insured, and in that order. But short of OP assuming liability for themselves (IOW, disclaiming USAA's coverage), there's no way to force the plaintiff and his attorney into a prompt settlement. In fact, that this got to a lawsuit suggests to me that USAA's pre-litigation settlement offers were rebuffed.

FWIW, I'd focus my preparation on how to deal with this under the assumption that it will not be resolved by I-Day, and then considering it a pleasant surprise if it's settled beforehand. Last thought is that I'm sure USAA (of all insurance companies) has dealt with this scenario before, so maybe they have some institutional-knowledge strategies to deal with this particular scenario. At least you do have that possibility going for you.
Click to expand...
It might not, but a good attorney experienced in such things can at least make the insurance company think twice. Failing to resolve the claim quickly could be considered bad faith, costing the OP a 500k scholarship that OP will sue for - that’s the argument anyway. Have to couch it in a way that OP will experience monetary damages the insurance company will be responsible for. It’s the only language insurance companies understand.
 
You must log in or register to reply here.
Back
Top