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sarahbme · Mar 16, 2009, 12:04 PM

I've been served with a civil claims hearing in Westmoreland County PA. It's for a electrical pole I hit 2 years ago. I didn't take out the pole and nowI'm being sued for 6,000 for a replacement pole. I'm eight months pregnant and receiving assistance because I'm low-income. I don't qualifiy for a legal aid because they're saying this is criminal case. I don't understand what is going on. Can someone please give me some insight on the whole thing??

nikosmom · Mar 16, 2009, 12:20 PM

Did you have auto insurance at that time or were you driving illegally? If you had insurance, then your policy has a coverage for "Property Damage" which includes other cars, light poles, guard rails, etc. that would pay for the damages. As long as you had insurance at the time of the accident, they should cover this.

sarahbme · Mar 16, 2009, 12:39 PM

I was on a Permit... the car was in my boyfriends name. He lied and told the cops he was in the car with me during the wreck. We were going through a custody battle over our daughter, so he decided to file a grand theft auto case with his insurance company. I went down to the police station explained the car was mine and that I had been driving by myself, I could show receipts for the car. But it was in his name. The police officer ended up not even ticketing me because of my honesty and coming down on my own free will. Now my ex got a lawyer because he's being served as well.

JudyKayTee · Mar 16, 2009, 01:31 PM

Are you saying there was no insurance on the car because it was reported stolen prior to the accident?

If you were driving on a Permit and "he" told the Police he was with you but was not it would appear you both lied to the Police - not just you - and you both lied about the auto being stolen.

Or am I missing something here?

sarahbme · Mar 17, 2009, 06:04 AM

He couldn't report the car stolen to the insurance company because he filed the report saying he was ion the car. I didn't lie I was with the EMT's when he was talking to the police. Which is also why I went back down to the police station to tall them what happened. By then the cop told me he wasn't ticketing or charging me any ways. There was insurance on the car because he had insurance in his name on it. Appearantly after I talked to him last night, the insurance company paid for a lawyer to be at the trail. I made sure he understood that he filed the report saying he was in the car, and that's still how it stands because he'd have gone to jail for filing a false report. The insurance company will pay up to $5,000, which will leave $1,300. However I didn't take the pole out in the first place, so why are we paying for a replacement??

JudyKayTee · Mar 17, 2009, 07:16 AM

The Police Report will list property damage - if it's not listed on the P.R. that's your defense.