VICTIM OF ROAD RAGE, THEN SUED

by V. Dukes

I just opened our mail. Received a copy from our insurance carrier of the law suit brought against us through our carrier...for being exactly what you described...a victim of road rage.


On April 24, 2012, my husband was in the turn lane at a busy intersection. The car ahead of him was texting away on her phone when the green turn arrow turned green. She kept texting when all of the traffic started to move - he gently tapped his horn - she gave him the "#1 sign and slammed on her brakes off and on, just daring him to hit her. They continue through the light as she slams, then starts, slams again, then creeps up, then slams brakes, all the while flipping him off. He did all he could do to keep from hitting her behind, even slowing to a crawl, thinking she would miss the light, but then she proceeds to shift INTO REVERSE, and backs very fast into HIM!!!

My husband swears he never yelled back at her or returned the finger, through a sworn statement not only to me (lol) but to the insurance carrier, that he never antagonized her or placed himself on HER level, but remained civil and stayed in his truck. She jumped out of her car, stating "Now I'll SUE your white ass".

Both cars pulled off to the service station as my husband called 911 -- I drove past, as my husband had called me. She had about 4 other cars of her family and friends surround her as they all got on their phones and were screaming threats to my husband. She really smashed up her trunk and knocked out the rear tailights and bumper...these people were out of control.

When the officer arrived and there was NO witness, unfortunately, no one was charged with the "accident" (Set up by this person.) We have full coverage with a reputable carrier and my husband gave a detailed description of the details.

My question - how far can this go, and will Progression be able to prove the other driver forcibly BACKED into my husband's vehicle, as there was almost NO damage to the front - only his gator tag was broken up a bit.

Thank you, Victoria Dukes pls contact me




Website Manager Response: We are so sorry that this happened to your husband.

The answer to your question about how far this issue can be pursued is this: the matter can go all the way to trial if your insurance does not settle (and it does not sound as if it should), or if the other driver drops the claim.

Once the other driver meets some resistance from your insurance company, she or her attorney could decide not to pursue the lawsuit, especially if through the process of Discovery, your husband makes a much more credible appearance than she does. In a word vs. word case with no independent witnesses, a judge or jury's decision of fault is often based on which party is more credible, or believable.

One very valuable bit of evidence that we find is regularly overlooked in lawsuits is the black box information. Almost all vehicles manufactured in the past several years have a black box under the front seat, and this device records all pre-impact information. If your husband's account of how the accident occurred is accurate, the other vehicle's black box information will show that the driver was backing up just prior to impact. Similarly, the black box of the vehicle that your husband was driving will prove his actions just prior to impact.

Good luck with this. Have faith in the judicial system. More often than not, judges and jurors really do see the truth.

This reader question and website response are shared for informational purposes only. This does not take the place of competent local legal counsel.

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