Complaint Review: AAA Motor Club Of Chicago - Aurora Illinois

I filed a lawsuit and the court date is this week. They had their lawyer call and he stated if we did not drop the suit they would sue us. I called my insurance agency and they said don't worry, they just try to scare you into settling on their terms. The bad part it their client has been avoiding the sheriff for the past month and they have not been able to serve him. When AAA called I made the mistake of telling them I did not want any contact unless they were going to settle because I filed suit, I think they may have warned their client so that is why he has been avoiding the police.

AAA says I have to share in the loss of the vehicle but a lawyer friend said I am entitled to full recovery. He wrote up my complaint so I thought this could be useful for others so I copied a portion of it. On or about April 21, 2004, BABY SITTER was driving within the speed limit and other applicable regulations and was driving carefully. Although BABY SITTER was keeping a good look out and had her vehicle under control, due to the sudden emergence of Defendant, she was able to avoid a full side collision, but unable to avoid striking the rear of Defendant's vehicle. Defendant at all times owned to Plaintiff a duty to operate his vehicle with ordinary and reasonable care and comply with all traffic laws. That in violation of Defendant's duties, Defendant was guilty of one or more of the following careless or negligent acts or omissions: Failed to yield the right of way to Plaintiff's vehicle; Drive his vehicle in a reckless manner and thereby endangered Plaintiff's vehicle on a public highway; Failed to control his vehicle Failed to apply his breaks to avoid an accident; Failed to give proper signals failed to stop before entering a public highway; Failed to maintain a proper lookout; Failed to take any accident; Failed to operate his vehicle at a reasonable safe speed under the circumstances; Failed to maintain a proper and safe distance between his vehicle and Plaintiff's motor vehicle; Failed to stop his vehicle at a safe distance between his vehicle and Plaintiff's motor vehicle. 8. As a proximate result of one or more of the above acts of omission, Plaintiff suffered damage to Plaintiff's motor vehicle, was deprived of the vehicle's use and caused Plaintiff to expend sums of money to repaired said vehicle, as follows: replacement of the Chrysler van, $XXX, replacement of three children safety car seats, $XXX each, lost tuition on child's lost school day, $XXX, car rental $XXX, towing and storage fees $XXX. Total $XXXX WHEREFORE, Plaintiff prays that this Honorable Court enter a judgment in Plaintiff's favor and against Defendant Private Citizen, in the sum of $5,257.20 plus costs. Respectfully Submitted, _________________________________________ Private Citizen ________________________________________ Robert Wendland

AAA says I have to share in the loss of the vehicle but a lawyer friend said I am entitled to full recovery. He wrote up my complaint so I thought this could be useful for others so I copied a portion of it. On or about April 21, 2004, BABY SITTER was driving within the speed limit and other applicable regulations and was driving carefully. Although BABY SITTER was keeping a good look out and had her vehicle under control, due to the sudden emergence of Defendant, she was able to avoid a full side collision, but unable to avoid striking the rear of Defendant's vehicle. Defendant at all times owned to Plaintiff a duty to operate his vehicle with ordinary and reasonable care and comply with all traffic laws. That in violation of Defendant's duties, Defendant was guilty of one or more of the following careless or negligent acts or omissions: Failed to yield the right of way to Plaintiff's vehicle; Drive his vehicle in a reckless manner and thereby endangered Plaintiff's vehicle on a public highway; Failed to control his vehicle Failed to apply his breaks to avoid an accident; Failed to give proper signals failed to stop before entering a public highway; Failed to maintain a proper lookout; Failed to take any accident; Failed to operate his vehicle at a reasonable safe speed under the circumstances; Failed to maintain a proper and safe distance between his vehicle and Plaintiff's motor vehicle; Failed to stop his vehicle at a safe distance between his vehicle and Plaintiff's motor vehicle. 8. As a proximate result of one or more of the above acts of omission, Plaintiff suffered damage to Plaintiff's motor vehicle, was deprived of the vehicle's use and caused Plaintiff to expend sums of money to repaired said vehicle, as follows: replacement of the Chrysler van, $XXX, replacement of three children safety car seats, $XXX each, lost tuition on child's lost school day, $XXX, car rental $XXX, towing and storage fees $XXX. Total $XXXX WHEREFORE, Plaintiff prays that this Honorable Court enter a judgment in Plaintiff's favor and against Defendant Private Citizen, in the sum of $5,257.20 plus costs. Respectfully Submitted, _________________________________________ Private Citizen ________________________________________ Robert Wendland

AAA says I have to share in the loss of the vehicle but a lawyer friend said I am entitled to full recovery. He wrote up my complaint so I thought this could be useful for others so I copied a portion of it. On or about April 21, 2004, BABY SITTER was driving within the speed limit and other applicable regulations and was driving carefully. Although BABY SITTER was keeping a good look out and had her vehicle under control, due to the sudden emergence of Defendant, she was able to avoid a full side collision, but unable to avoid striking the rear of Defendant's vehicle. Defendant at all times owned to Plaintiff a duty to operate his vehicle with ordinary and reasonable care and comply with all traffic laws. That in violation of Defendant's duties, Defendant was guilty of one or more of the following careless or negligent acts or omissions: Failed to yield the right of way to Plaintiff's vehicle; Drive his vehicle in a reckless manner and thereby endangered Plaintiff's vehicle on a public highway; Failed to control his vehicle Failed to apply his breaks to avoid an accident; Failed to give proper signals failed to stop before entering a public highway; Failed to maintain a proper lookout; Failed to take any accident; Failed to operate his vehicle at a reasonable safe speed under the circumstances; Failed to maintain a proper and safe distance between his vehicle and Plaintiff's motor vehicle; Failed to stop his vehicle at a safe distance between his vehicle and Plaintiff's motor vehicle. 8. As a proximate result of one or more of the above acts of omission, Plaintiff suffered damage to Plaintiff's motor vehicle, was deprived of the vehicle's use and caused Plaintiff to expend sums of money to repaired said vehicle, as follows: replacement of the Chrysler van, $XXX, replacement of three children safety car seats, $XXX each, lost tuition on child's lost school day, $XXX, car rental $XXX, towing and storage fees $XXX. Total $XXXX WHEREFORE, Plaintiff prays that this Honorable Court enter a judgment in Plaintiff's favor and against Defendant Private Citizen, in the sum of $5,257.20 plus costs. Respectfully Submitted, _________________________________________ Private Citizen ________________________________________ Robert Wendland

AAA says I have to share in the loss of the vehicle but a lawyer friend said I am entitled to full recovery. He wrote up my complaint so I thought this could be useful for others so I copied a portion of it. On or about April 21, 2004, BABY SITTER was driving within the speed limit and other applicable regulations and was driving carefully. Although BABY SITTER was keeping a good look out and had her vehicle under control, due to the sudden emergence of Defendant, she was able to avoid a full side collision, but unable to avoid striking the rear of Defendant's vehicle. Defendant at all times owned to Plaintiff a duty to operate his vehicle with ordinary and reasonable care and comply with all traffic laws. That in violation of Defendant's duties, Defendant was guilty of one or more of the following careless or negligent acts or omissions: Failed to yield the right of way to Plaintiff's vehicle; Drive his vehicle in a reckless manner and thereby endangered Plaintiff's vehicle on a public highway; Failed to control his vehicle Failed to apply his breaks to avoid an accident; Failed to give proper signals failed to stop before entering a public highway; Failed to maintain a proper lookout; Failed to take any accident; Failed to operate his vehicle at a reasonable safe speed under the circumstances; Failed to maintain a proper and safe distance between his vehicle and Plaintiff's motor vehicle; Failed to stop his vehicle at a safe distance between his vehicle and Plaintiff's motor vehicle. 8. As a proximate result of one or more of the above acts of omission, Plaintiff suffered damage to Plaintiff's motor vehicle, was deprived of the vehicle's use and caused Plaintiff to expend sums of money to repaired said vehicle, as follows: replacement of the Chrysler van, $XXX, replacement of three children safety car seats, $XXX each, lost tuition on child's lost school day, $XXX, car rental $XXX, towing and storage fees $XXX. Total $XXXX WHEREFORE, Plaintiff prays that this Honorable Court enter a judgment in Plaintiff's favor and against Defendant Private Citizen, in the sum of $5,257.20 plus costs. Respectfully Submitted, _________________________________________ Private Citizen ________________________________________ Robert Wendland