DOTHERIGHTTHING
Apr 14, 2009, 07:49 AM
Hello everyone- I am writing for some advice on how to handle this situation. After the summary are my questions I'm hoping to get guidance on-
My daughter rear ended an SUV with a friend's car. I offered to pay the deductible on the insurance for the insured vehicle she was using. I had asked the insured vehicle owner to do 2 things. Notify the insurance company, and once notified, fix the vehicle and show me proof of the deductible and I'd pay it.
Weeks passed. I received a phone call from the insured owner of the vehicle stating that my daughter had better get off her and pay for the deductible. I had stated that once she could show what the deductible is, and once she notified her insurance of the accident I could settle one of two ways. I could either have my daughter set up a payment plan with her, or if she was not satisfied with that, I'd pay for it and my daughter would pay me back. Several more weeks passed and I'd received a phone call from the repair shop where the repairs had taken place. They told me my car was ready and the cost was $6200. I explained I didn't have a car in the repair shop. I started asking questions, researching and decided I'd call the insurance company myself. I found out she had not filed. I received an estimate from the repair shop for $2200 ( my daughter had obtained from the insured owners daughter). After I explained to the insured owner that there was a discrepancy, I was told she was an attorney and if I didn't pay up, she'd sue me. I started to receive threatening phone calls from a (male) attorney stating if I "didn't pay up by the end of the week, I'd be taken to court".
I then received paperwork showing I was getting sued by the owner (an attorney), and that my daughter did not have permission to take the car, along with numerous other allegations that were not true. I decided to file a complaint with the state bar citing several ethical violations.
After the insurance company paid up, I received a settlement offer for $1K, which I refused. The insurance company expressed that the insured admitted to my daughter having permission to drive the vehicle.
As ridiculous as this seems, I have numerous interrogatories to fill out, along with time and money wasted over this. I am extremely frustrated at the abuse of power and manipulation of the system this person feels they have, and I'm willing to take this person to court and fight them over this. This is not about a thousand dollars anymore. This is about principal and doing the right thing, which I was willing to do from the beginning. I have filed a complaint with the state bar, and after meeting with a representative, I was able to cite and prove 3 ethical violations. Because there is more to this story. I am awaiting the results from the investigation. Until then,
My questions are many, but narrowed down here;
1. Am I legally responsible to pay for this? My daughter was 17 at the time of the accident.
2. The attorney had personal knowledge of the case prior to filing, and attempted to negotiate settlement as the "mother", not the attorney-again, prior to filing. Can I file a motion to disqualify her from the case?
3. Should I obtain counsel and then sue for costs?
4. The attorney is using the letter head from her firm, utilizing their time and resources. It is very obvious there are no retainer fees (as this is personal). Should I speak with the firm and inform them of her practices?
THANK YOU FOR YOUR TIME. I appreciate any feedback.
My daughter rear ended an SUV with a friend's car. I offered to pay the deductible on the insurance for the insured vehicle she was using. I had asked the insured vehicle owner to do 2 things. Notify the insurance company, and once notified, fix the vehicle and show me proof of the deductible and I'd pay it.
Weeks passed. I received a phone call from the insured owner of the vehicle stating that my daughter had better get off her and pay for the deductible. I had stated that once she could show what the deductible is, and once she notified her insurance of the accident I could settle one of two ways. I could either have my daughter set up a payment plan with her, or if she was not satisfied with that, I'd pay for it and my daughter would pay me back. Several more weeks passed and I'd received a phone call from the repair shop where the repairs had taken place. They told me my car was ready and the cost was $6200. I explained I didn't have a car in the repair shop. I started asking questions, researching and decided I'd call the insurance company myself. I found out she had not filed. I received an estimate from the repair shop for $2200 ( my daughter had obtained from the insured owners daughter). After I explained to the insured owner that there was a discrepancy, I was told she was an attorney and if I didn't pay up, she'd sue me. I started to receive threatening phone calls from a (male) attorney stating if I "didn't pay up by the end of the week, I'd be taken to court".
I then received paperwork showing I was getting sued by the owner (an attorney), and that my daughter did not have permission to take the car, along with numerous other allegations that were not true. I decided to file a complaint with the state bar citing several ethical violations.
After the insurance company paid up, I received a settlement offer for $1K, which I refused. The insurance company expressed that the insured admitted to my daughter having permission to drive the vehicle.
As ridiculous as this seems, I have numerous interrogatories to fill out, along with time and money wasted over this. I am extremely frustrated at the abuse of power and manipulation of the system this person feels they have, and I'm willing to take this person to court and fight them over this. This is not about a thousand dollars anymore. This is about principal and doing the right thing, which I was willing to do from the beginning. I have filed a complaint with the state bar, and after meeting with a representative, I was able to cite and prove 3 ethical violations. Because there is more to this story. I am awaiting the results from the investigation. Until then,
My questions are many, but narrowed down here;
1. Am I legally responsible to pay for this? My daughter was 17 at the time of the accident.
2. The attorney had personal knowledge of the case prior to filing, and attempted to negotiate settlement as the "mother", not the attorney-again, prior to filing. Can I file a motion to disqualify her from the case?
3. Should I obtain counsel and then sue for costs?
4. The attorney is using the letter head from her firm, utilizing their time and resources. It is very obvious there are no retainer fees (as this is personal). Should I speak with the firm and inform them of her practices?
THANK YOU FOR YOUR TIME. I appreciate any feedback.