Summons received after being hit by a tram

139 posts in this topic

 

I don't think so. The language barrier might be a reason for a Pflichtverteidiger, but that depends on the judge. Beratungshilfe on the other hand does not cover a trial at all, but legal counsel und representation that lead up to the trial. In a criminal investigation like this, it only covers counsel not representation.

 

 

 

No, I'm not. I'm one of the guys that decides if legal aid is granted.

 

So you are a judge then?

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HI tiya - thanks for the very considerate response to my contri from Saturday - was offline the whole day yesterday, the wife confiscated my smartphone to make sure I have a one-day-rest for body AND mind... quote a good thing, actually.

Have just read thru all the new info and comments and my best guess and advice would still be that you PM sarabyrd and see what direct help she can offer to you, perhaps like a letter to the nice policemen asking for more details upfront because you are still unable to move or something like that... it might (and hopefully will) be that this is just a minor thingy a blows over just as swift as it occured... leaving with nothing but a bad little shock and some experience. Y ou have certainly heard that one before: "Mr. J-P Morgan, who did you become so successfull? - Why, from many good and profitable decisions of course.... - And how did you come to these good decisions? - Why, of course from experience! - Aha, and how did you come to such experience? - Well, that is easy, too: from many bad decisions I have made in the past!"

So, looking at that you are just one step closer now to success and have increased your experience level by a large jump :rolleyes:

 

Anyway - I appreciate our level of conversation here and continue you to wish you best of luck with this. Will continue to read this to learn how it all turns out.

 

Cheerio

 

PS: while it is right that there are some 3rd party liablity insurances out there to get for 30 EUR/year, those are not exactly the best in terms of coverage for your money. Truly good ones start along the lines I have given but I would be the first to say that ANY such insurance is better than none and if your budget does not allow for more then the obvious decision is to go for what you can afford and not what is the best on the market.

 

PPS: tiya - hey, there are some old men here on Toytown (I know that john_g are slightly over the "best-before" mark. Have mercy and don't tease us with these pictures of a young and attractive girl like you in a bikini on a Thai island etc. - those pictures are mental torture and certainly outlawed by the Geneva convention... :P

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I am just curious. Can tiya_ivy turn the table around and counter-sue MVV for causing her injury? Afterall, she is the one who is physically hurt.

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Besides, if I did attempt to run, it would most likely be to a deserted island somewhere off the coast of Thailand perhaps, where I could create my own form of government and wander around in a bikini listening to Bob Marley's 'No Woman, No Cry' day in and day out...

Take me with you. :)

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Have just read thru all the new info and comments and my best guess and advice would still be that you PM sarabyrd and see what direct help she can offer to you, perhaps like a letter to the nice policemen asking for more details upfront because you are still unable to move or something like that...

You little mindreader! I sent that out yesterday evening.

 

tiya, before you do any bikini strutting make sure that your ankle heals, and get regular check ups for thrombosis (been there, got that).

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Yes indeed...Sara has been more than helpful to me on this and I hope the Universe is very kind to her in return!

 

I know all about the Thrombosis thing. My husband has to give me an injection every night to help prevent it...poor guy. I am a nightmare with shots. I takes him about 10-15 minutes to get me to relax enough so he can actually do it. :-(

 

 

Have mercy and don't tease us with these pictures of a young and attractive girl like you in a bikini on a Thai island

My apologies...I just thought that's what one would wear on a deserted Thai island. A parka might be a bit much no? Besides, if you were to picture it with the current state of my 'cankle' I assure you it's not remotely as exciting and certainly in accordance with the Geneva Convention...:huh:

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I think there might be a little misunderstanding. I am not Russian, I grew up speaking Russian because of where I come from.

You could see Russia from your house? ;)

 

 

Then it must be galling for them when someone is thoughtless enough to actually die in an accident as there's no one left to fine.

You can always sue/fine the estate.

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You could see Russia from your house?

 

...still wondering how long it will take before people stop using that line with me <_<

 

For the record...no, I could not see Russia from my window and neither could Mrs. Palin if she was in Anchorage. She probably just saw Mt. McKinley and thought it was Russia.

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i don't see that anyone else has made this comment... but i think they want to interview you for their own defense, in case you, the injured party, decide to sue them... if they meet with you first, and you agree you were at fault, then they have built their defense that they are not the liable ones... they probably are not aware as to whether you have this special insurance or not and are taking actions to cover their ass.

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Just to update, thanks to the help of Sara and a friend we sent them a letter postponing the summons and requesting clarification. We also found a lawyer who is going to telephone the police tomorrow and try and find out what the purpose of the summons is. The lawyer looked at the summons and found the use of "beschuldigt" and the wording in general a little strange. Oh, three legally-minded people have now verified that the use of "Beschuldigt" in this instance means "suspect" and not "blame" as was mentioned earlier in the thread. Will keep you all posted and thanks for all those that provided Tiya with useful info.

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I second the_cat in appreciation of everyone that's helped, I wish good Karma to you all...and yes, we'll keep you posted if you like.

 

xTx

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Ok. So our lawyer spoke to the police and the tram driver is after compensation for shock and one week spent off work. At this moment, we're not sure what we're going to do. Does anyone have any estimations as to what would be an average figure someone might be claiming based on this?

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I say it all depends on how the accident happened. If tiya was pushed she's not at fault and shouldn't have to pay. If the driver overlooked a signal and bore down on tiya and others crossing the tracks at an authorized crossing with a green light, tough luck. I'm not saying that the driver is faking it, I'm sure that he was all shook up; but sometimes it's your own damn fault.

 

Thing is, the MVV might also claim the driver's sick leave pay from tiya if she agrees to compensate the driver. Ask the MVV what the general rate for mental anguish is.

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Could you counter claim for being run over and _physically_ injured, see if that changes the drivers mind?

 

Was the driver breath tested, if the driver could not work for a week is the driver of sound mind, should the driver be driving a tram at all. Can it be argued that the driver was partly at fault, even if for not avoiding the accident adequately.

 

Run someone over, physically injure them, and then claim for shock? really pushing their luck.

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A friend of mine drives a tram. And , as it happend to him several times throughout the years, after an accident they usually are urged by the employer to take a sick leave for a couple of days, usually they have to consult the company's medical/ psychological service as well. Running over somebody, your fault or not, is not just a thing you brush off in a minute.

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but do you sue them?

 

Its an occupational hazard, if its deliberate then claim away, but an accident ... hmmm, really depends on what happened.

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