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Update: My Dad's Good Samaritan Altercation

So, if you want the full story, please see the post below from about a week ago.

A police report was done. The officer called out interviewed my dad, the ill/elderly lady, whom I call Nancy, and the cab driver, whom I call Mike.

My dad has an umbrella policy with his insurance company and they DO cover legal defense as long as he is not the aggressor.

The responding police officer gave my dad a courtesy call on Sunday night and let him know that he was done with his report. The officer told my dad that he wrote the report as if my dad was the victim. And, the officer and his sergeant decided that the city in which this occurred was not going to press any charges against my dad or the cab driver. The officer also stated that Mike was taken to the hospital and had surgery. 

Both at the scene and during this phone call the officer stated to my dad, that my dad could press charges against Mike. I wonder if this is standard procedure or if in his way of trying to remain neutral, the officer was informing my dad that he SHOULD press charges against Mike. My dad does not want to press any charges and just wants this to be done with. He's not looking to be a jerk or create more of a headache for anybody. I just wonder if my dad is sued for medical costs, if him NOT pressing charges will look like he is not victimized enough and the court or arbitrator would find fault with him.

While he's got the insurance coverage, there's still a deductible, plus the time involved.

The full story actually began inside the dialysis center's waiting room. My Dad and Grandpa, Nancy and others were in the waiting room and Mike came in and called out for the person going to "XYZ Street." Nancy said, "That's me." Mike said, as he walked out, "Get in the car." My dad offered to assist Nancy to the cab. As he did so, he informed Mike of Nancy's state. Mike told Dad, "I have paper work and I'm not helping her," while he was in the driver's seat. Dad walked Nancy around the back of the cab to the rear passenger side and opened her door. Then, he walked back to the driver's side where he again informed Mike of Nancy's state. Mike again said he wouldn't help. Not saying more, Dad turned away and walked to the rear of the cab in his way again to get Nancy into the backseat and while at the back of the cab on his way to get Nancy into the vehicle, Mike came up behind my dad and got in his face. My dad turned around to Mike in his face shouting at him and my dad put up his hands and Mike fell.

My dad then offered to help Mike up and Mike said he couldn't get up, so my dad called an ambulance and put a coat over Mike while they waited.

My dad called my sister, who came to then get my grandpa, and while my sister was getting him she overheard the interview with the police officer and Nancy. Nancy told the officer that Mike was the aggressor.

And, that's the whole crappy story. Happy New Year!!!

Re: Update: My Dad's Good Samaritan Altercation

  • If I am correct, if the police report says that Mike was the aggressor, that is all that should be needed to defend against any lawsuit.  I would just verify the statute of limitation versus his ability to sue for medical damages.  If the statute to file would be longer than any lawsuit from Mike then I would have your dad keep this on the back burner in case Mike does try to sue.  Usually people like Mike will back down if there is a counter suit or the courts would just throw out Mike's case.

    This is all mainly my opinion and hearsay, not any type of legal advice.
  • From what you said things sound relatively promising for your dad, if I am understanding correctly.  Hopefully it will go smoothly and Mike will decide not to sue after he sees the police report.  The only surprising thing is that Mike actually injured himself badly enough to need surgery; from the first post it sounded like he was faking.  T&P that things go okay for your dad.  
  • From what you said things sound relatively promising for your dad, if I am understanding correctly.  Hopefully it will go smoothly and Mike will decide not to sue after he sees the police report.  The only surprising thing is that Mike actually injured himself badly enough to need surgery; from the first post it sounded like he was faking.  T&P that things go okay for your dad.  

    That's what my dad said. But, maybe Mike "staged it." Has a bad hip, back, etc.. And, needed some financial help to pay for it.

  • als1982als1982 member
    1000 Comments 500 Love Its Third Anniversary Name Dropper
    edited January 2015
    Was Mike driving a regular cab or a medical transport service vehicle (in that all they do are doctor visits and hospital pick ups and drop offs)?
    HeartlandHustle | Personal Finance and Betterment Blog  
  • I would also inform "Mike"'s employer about the the altercation - he may also be trying to pull a workers comp scam at the same time.  If nothing else, I'd get his ass fired.  If he owns his own cab be may be on a preferred call list from the hospital/clinic - talk to the admin, they will pull his number. 
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