I was involved in a small fender bender in March. I hit a parked car at work. I knew who it was, and informed them. On our break she came out and looked at her car,(hardly any damage) she said not to worry about it, it was just a small scratch. A month later she was fired and I never heard from her again. It is now October and she is taking me to small claims court for $1500. There was no police report, and no insurance exchange. I live in Ny state, and on the dmv website it says if damages are $1001 or more a police report needs to be filed. My car has no damage whatsoever.

On the court papers, the type of car I drive is incorrect, it says that I agreed to pay all damages, (which I DIDNT) and I asked her to not turn it into insurance. (Also incorrect) Also she says she tried to call and email me and I ignored her. The only way she would have possibly got any of my contact info is through Facebook, (my email) maybe. I never heard so much as a peep from her at all. What can I do? Please Help!

Yes she can sue you, and if she has proof of damages, has a good chance at winning.

1. while you and her BOTH may have had a obligation to call police if damage is over 1000, but if both sides think it is not over and don't call, and then latter it is over, it is not really an issue.

Also in many states, if this happened on private property, the police will not even do a report,

And I would assume you offered to fix the scratch at the time ? If so, you did offer to fix it, and she declined.

And 1500 dollars for a "scratch" depending on the type of bumper is actually not that far off. I had the bumper on my Accent damaged minor, but because of the material it was made with, I had to get a new one, and it had to be painted, with new trim, I think it was almost 1200 by the time they got done.

So you need to report this to your insurance company and allow them to handle it.

I didn't offer to fix it, because she told me not to worry about it. She was quite nonchalant about the whole thing. But the issue is, how do I know she hasn't hit a deer or something since then? I don't know how she is going to prove the damage she is claiming is from me. She didn't take any pictures, no one saw it happen, I assumed she would call the police. She didn't ask for my insurance, my license and my plate # isn't even on the court documents. It seems pretty much her word against mine. I feel like since she got fired she may just be bringing this up, hoping to get some quick cash. I'm just very worried because Ive never been in this situation before, and I feel like she is scamming me, while at the time she didn't care at all.

Yes, it's her word against yours. The Judge will hear both sides and decide which of you tells the more believable story. That's why you have insurance. Turn it over to your company and let them defend you.

Why did you assume she would call the Police? You hit her. Self preservation requires that YOU call the Police so something like this, many months later, doesn't happen.

Maybe it's a scam. Maybe it's not. My feeling is that if she hit a deer (or something) the damage would be a LOT more than $1,500.

You admit you hit her car. What is a "little" damage to you may appear to be something major to her. I have no idea why it took her this long to file, but it's not uncommon.

You hit her car and you didn't tell her to turn the repair bill over to an insurance company and you also didn't offer to pay for the damage?

Interestingly, I am a liability investigator in NY. It's entirely possible that, standing at the accident scene, she thought the damage was under the State limit for reporting. You apparently thought the same thing. That is going to be immaterial in Court, by the way.

You hit her. You admit you hit her. You are going to owe her something for the damage to her car. $1,500? I don't know. She HAS to have more than one estimate from a reputable shop (the Courts usually prefer three). Is part of the $1,500 car rental while her car is out of service?

I have no idea about the estimates or what the $1500 includes, because Ive never seen them, or heard from her at all. Everything in the court papers is a lie, but I don't know how to prove that when its just me against her. Ive never been in a car accident at all, so I don't know what to do exactly. If the damage seemed major to her, I don't know why she wouldn't have said anything to me at the time, or even at any time later, before she was fired. Plus I don't know if it matters, but she sent my court papers to our old job (which I had since left) and I didn't receive them until a month later, and they were open. I'm just panicky and so worried I could be sick. What happens if they judge in her favor? I can't pay, I live paycheck to paycheck and really have no assets. :(

There is absolutely no way for anyone here to know which version the Court will believe, yours or hers. Why do people wait so long and then file a claim without even notifying the other party? I have no idea - I investigate accidents and half the time I question why people do what people do.

The best you can do is be truthful - yes, you hit her car; yes, there was a small scratch; yes, she said not to worry about it; no, you never offered to pay to fix the damage (which is going to make you sound irresponsible).

If a decision is made in her favor you will have a period to pay her and then it will turn into a Judgment against you. In NY assets would not be seized for this dollar amount. She could seize money from your bank account so if you lose keep that in mind.

The best you can do is be truthful. If she is lying hope it looks like exactly that - she is lying.

I know these things are upsetting and worrisome, and I'd be upset, too BUT you have to remember that a Judge who doesn't know either one of you will listen and decide which version makes the most sense.

Would a prudent person with substantial damage (and I don't think $1,500 is substantial but it's significant) wait all these months to contact you? She apparently couldn't contact you if she wanted to because she only had your old work address. How does she claim she was in contact?

Take a very deep breath, practice what you are going to say until your nerves calm down, be respectful, tell your story calmly and clearly, don't get into name calling, don't quote the law and keep your fingers crossed.

I'll keep mine crossed for you.

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Originally Posted by gummybear2229

I have no idea about the estimates or what the $1500 includes, because Ive never seen them, or heard from her at all. Everything in the court papers is a lie, but I don't know how to prove that ...

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At some point, either when the small claims case comes to trial or, preferably before, if small claims rules in your state allows discovery, she will have to prove her damage. She will have to submit at least one estimate; the court will not simply listen to her claim of what she thinks the damage is.

When you see the estimate, you will have a better idea as to whether you caused the damage claimed.

But the first thing to do is to turn the matter over to your insurance company. But for your failure to promptly notify them, they definitely have a duty to hire an attorney to represent you. I don't know if they may avoid coverage because you didn't report the accident promptly, but call them immediately.

Quote:

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Originally Posted by gummybear2229

... What happens if they judge in her favor? I can't pay, I live paycheck to paycheck and really have no assets. :(

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That's what you have insurance for. And, if they refuse coverage, don't worry about it. If in fact you have no assets, you may be judgment-proof. As the saying goes, "one cannot get blood out of a turnup".

In NY it's 2 estimates or the Judge makes the decision.

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Originally Posted by JudyKayTee

In NY it's 2 estimates or the Judge makes the decision.

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Fine, but my point was that she has to come up with some credible evidence.

- And I agree.