[chevy1500]

I received a letter today from an insurance company saying I was 100 percent liable for an accident 5 hours from my home. This accident was supposidly back on March12, 2008.The insurance company requests my insurance info. I am gathering that they have a witness or someone who gave them my plate number as a driver of a dump truck that caused an accident. I have never owned a dump truck nor have I ever been to the city where this accident was. I am trying to explain to them that whoever wrote down the plate number from this truck that left the scene has written the plate number down wrong. They insist that they want me to pay for the drivers vehicle or give them my insurance number for them to contact. I have asked for a copy of the police report but my understanding is that there was no report just someone gave them my plate number. My blood pressure is now sky high from being on the phone with these people half the day and getting nowhere. I explained to them that I can witness an accident and give any tom and harrys plate number of anyone in timbucktoo but they still insist they want payment for damages to the other guys car. Can they just do this. This is the first I have been notified of this and according to the letter I am already proven guilty for this accident. The letter also says it is a registered letter but it did not come registered mail it just came in the mail 8 months after the accident. Where do I start.

[SedLex]

No, they cannot just do that. The fact that you didn't have a truck and you never went to the city where the accident happened manifests that they were just pointing finger to you. Since, they do not listen to you, the best thing you can do is to hire a lawyer and let the latter talk to them. I think they were just trying to intimidate you and if you will be intimidated you would give in to their demands which I think is not proper.

[Fr_Chuck]

1. stop talking to anyone over the phone. a. you will talk yourself into some liablity b. it could even be a fraud trying to get personal information from you as a scam

2. send two letters one regular and one certified, telling them this was not you, that you don't own a dump truck and that you have no knowledge of this.

3. Take a copy of this to your local police and tell them you are concerned over a fraud on it, and see if they have any information.

4. Wait, if they sue you, get an attorney and fight it. Talking to them on the phone is not going to do anyone any good.

[ebaines]

I agree with FrChuck. I am assuming that the plate number that the witnss reported matches your personal car, correct? You could include a photo of your car with its license plate so they can see it's clearly not a dump truck. In your letter don't be argumentative - just give the facts, but suggest that the plate number the witness wrote down may have been from another state.

[JudyKayTee]

No, they cannot just do that. The fact that you didn't have a truck and you never went to the city where the accident happened manifests that they were just pointing finger to you. Since, they do not listen to you, the best thing you can do is to hire a lawyer and let the latter talk to them. I think they were just trying to intimidate you and if you will be intimidated you would give in to their demands which I think is not proper

Unfortunately, they can do this, "can" meaning send out letters. For that matter they can file a lawsuit.

The question is can they win. FrChuck has the legal and insurance matters.

I often investigate accidents and determine that the person and vehicle could not have possibly been involved. Not terribly uncommon if witnesses take down license plates and they are wrong.

[ScottGem]

Agreed YOU stop talking to them. You report this to your insurance company, that's what you pay them for. They will contact the other insurer and verify that the vehicle registered to the license plate is not a truck. That should end it.

[artlady]

An incorrect eyewitness report is nothing to go as as claims go. Someone fleeing the scene and a fellow Samaritan trying to do the right thing incorrectly writes down the wrong number is no basis for a claim.

If they try to contact you again get the callers name and inform them that your lawyer has informed you that if they do not cease and desist with this fraudulent claim you will be filing harassment charges.

I would not hesitate to mention you have a fragile medical condition.

If this does not get you any satisfaction,I would contact the attorney generals office as they deal with a variety of consumer issues (free) and they might be able to help.

Certainly you should not have to incur legal fees for someone's else mistake!

[JudyKayTee]

An incorrect eyewitness report is nothing to go as as claims go. Someone fleeing the scene and a fellow Samaritan trying to do the right thing incorrectly writes down the wrong number is no basis for a claim.

If they try to contact you again get the callers name and inform them that your lawyer has informed you that if they do not cease and desist with this fraudulent claim you will be filing harassment charges.

I would not hesitate to mention you have a fragile medical condition.

If this does not get you any satisfaction,I would contact the attorney generals office as they deal with a variety of consumer issues (free) and they might be able to help.

Certainly you should not have to incur legal fees for someones else mistake!

I am sorry but unless a Lawyer has actually advised this (which I sincerely doubt), this is bad legal advice and can cause someone to file a lawsuit against OP rather than get to the bottom of the problem. This does not rise to harassment as the insurance company believes it has correct information. When I get a response like this it goes in my report and the Attorney ends the investigation and takes action.

Threatening someone with Attorneys on staff with legal action is never a good idea - unless you are also an Attorney or are sitting next to one.

The Attorney General's Office cannot help with this - again, the insurance company is acting in good faith.

It's a matter of furnishing proof to the parties - proof that their information is incorrect.

The very simple answer is for OP to turn it over to his/her insurance carrier which will defend FOR FREE under the terms of the policy. Let them investigate what's going on. If, as OP says, he/she was not involved in an accident (and I assume he/she is telling the truth) I don't see the hesitancy in turning it over. If too much times goes by OP's company will deny on the grounds of late filing of the claim.

[twinkiedooter]

Dangit Judy, you beat me to it. I was going to tell the OP to immediately contact his insurance agent and forward a copy of this letter to the agent who will in turn send it to the proper party at your insurance company. Your insurance company will properly investigate this claim and resolve this for you. You don't have to hire an attorney yourself as your insurance company will defend you. This is all part of having proper auto insurance coverage.

[ScottGem]

Dangit Judy, you beat me to it. .

Hey I beat you both to it ;)

[JudyKayTee]

Hey I beat you both to it ;)

Well, I guess you did - but only by 30 minutes so does it count?:)

[sfvic412]

The same thing is happening to me. Received a letter 2/23/09 regarding an accident on 11/04/08 about 500 miles away, in a city I've never been. The alleged accident also took place on private property, for which a person would have to have been an employee with specific identification and/or security clearance to be on this property.

The company reps freely admit that a light colored, older model, 2 door sedan caused the accident. When they run the plate, it comes back to my newer model, dark colored 4WD SUV. However, they insist that the only way to resolve the matter is for me to provide my insurance info so that my insurer can "defend" me! My insurer has recommended NOT giving any info, which I had already decided anyway. Harassment Insurance Co. is still insisting that they send an appraiser to examine & photograph my vehicle.

I have requested video footage of this accident. If another vehicle has my plate, I want to file a police report. They say there's no camera footage available. I don't believe that due to the nature of the location. My state insurance commission recommends that I retain an attorney to protect myself & my home but I can't afford one. They say this particular company has a long history of suing innocent people. I will eventually win but will never recoup the costs to defend myself.

I would love to know if Chevy & I are being tortured by the same shady company with a terrible reputation. If so, there have to be others & there is strength in numbers.

[ScottGem]

The exact same thing is happening to me.

If you are sued, your insurance carrier should provide you with legal representation.

Frankly, I would take a picture of your car (in a pulbic place) with tne license plate clear (they already know the plate so you wouldn't be giving them any info). And send it to them via certified mail.

Include in the cover letter that you are providing them with a photo of your vehicle. This clear shows that shows that it does not match the vehicle described in the accident report. Then tell them to cease and desist contacting you over this matter.

[JudyKayTee]

The exact same thing is happening to me. Received a letter 2/23/09 regarding an accident on 11/04/08 about 500 miles away, in a city I've never been. The alleged accident also took place on private property, for which a person would have to have been an employee with specific identification and/or security clearance to be on this property..

I'm a liability investigator - you have received very bad advice from your insurance company. I don't understand why instead of proving it's NOT you you would do nothing or refuse the other company access to your vehicle and the information and do your own "investigating" of the matter.

Makes absolutely no sense under insurance law, in least in NY. I get accidents all the time when someone got the wrong plate number. I look at the car, interview the people, report back that it's an error. Case closed.

Mistakes happen. Insurance companies are businesses, in business to make money. The faster they close cases the better the profit. Dragging this along or refusing to defend makes no sense. Also, insurance company - when mandatory - information is on file with the DMV so there is no need for you to provide that info to the other party.

I see a lawsuit and your company refusing to defend because they were not given the information in a timely fashion.

And, again - this is what I do for a living, not just a guess.

[Fr_Chuck]

Closed someone opening old thread, new post deleted, thread closed