9/29    I was rearended by someone, his insurance company admitted guilt
        and is going to pay, but now he wants to sue me in small claims.
        What can I do to make him go away?
        \_ Show up in court and ask for a directed verdict because the
           OP doesn't have a prima facia case.
        \_ Tell him you'll countersue for your lost wages, emotional
           distress, court fees, and the wear and tear on your vcr because
           you had to tape a few shows because you were wasting time on his
           nonsense.  If you're in school tell him you're suing for lost
           future potential because you lost study time.
        \_ countersue
           \_ For malicious prosecution?
                \_ for the pain in your back and neck..
        \_ inform your insurance company.
           \_ they know, and said they can't go with me to small claims.
              \_ AAA?
                 \_ Nope USAA.  I think the reason why is that I'm supposed
                    to represent myself in small claims.  Don't know though.
                    \_ This happened to me as well (also a USAA customer).
                       If he takes you to small claims court, you must
                       represent yourself, but USAA will help you prepare
                       your case. In my case, he threatened small claims but
                       never went through with it. When he called me at home,
                       I informed him that all communication must occur through
                       USAA  (as instructed by my agent); never heard from him
                       again. As noted below, a police report with his guilt
                       is invaluable. Email me if you have any further qs.
                       --erikred
        \_ Sue you for what?
           \_ too hot and too sexy, he was asking for a rear-ender
           \_ I think most of the answer is that he is a retired attorney
              with problems controlling his temper, but officially for
              his insurance deductible, and the increased cost of insurance.
              \_ Uh, what?  How does that work?  That's like suing the person
                 you robbed for lost wages for the time you spend in prison.
                 \_ Maybe the other driver is betting that the OP doesn't show
                    up, which means the other driver wins the claim by default.
                    If the OP shows up, the other driver has nothing to lose,
                    I think.
                    \_ Can't the op sue for "you wasted my time, jerk."
              \_ Tell him you will see him in court.
        \_ Get a copy of the police report. Ask your insurance people for
           a copy of the paperwork from rearender's insurance admitting guilt.
           \- i think you need to decide if you would like for this to go away
              or go to court and win and then potentially smack him down for
              the frivolous proceeding. however the second plan does open up
              some risk of get a crazy judge/mediator who decides to split
              teh difference for some reason ... also it is probably a stress-
              ful process. but it will proably generate more hassle for him.
              after you win, send him a thank you note and antagonize him more.