Check out some similar questions!

Furious09 · Dec 11, 2009, 11:52 AM

All this occurred in Virginia. In May one of my co-workers accused me of hitting her parked car while I was pulling out of the parking lot headed home. She called me about 30 minutes later and asked me to come back, I did. When I arrived, there were police there and they asked me for my drivers license and all that and but since I denied it and there was no damage to my vehicle, they didn't take a report and I went on about my business. Here now, I get a warrant in debt for the amount her insurance company paid for her car to be fixed and I don't think I should be held responsible for it. When I called the attorney to explain that I don't believe it was my car and would like to not have to go to court for this misunderstanding, she got really nasty and said that if I didn't show up, she'd take out a judgement against me and have my license suspended. What should I do? Do I really need to hire a lawyer?

twinkiedooter · Dec 11, 2009, 05:28 PM

Your best bet is to hire an attorney on this one as it could prove quite tricky trying to handle it yourself. The fact that you did not hit her vehicle and the police attested to the fact your vehicle was not damaged and did not take a report on this incident means that this lady lied to her insurance company. She must have supplied the insurance company with your name, address, etc. and now the insurance company is coming after you. Your attorney will know how to proceed with this matter.

It all depends on just how much "damage" and how much repair work was done to her vehicle and paid for by the insurance. The insurance company wants reimbursed for this payout. And you seem to be their target.

Fr_Chuck · Dec 11, 2009, 05:38 PM

Have you been served a notice to appear in court, if so, why do you think it was served improperly.

But if she has an attorney you need one

ScottGem · Dec 11, 2009, 05:50 PM

I'm going to disagree here. First, you are going about this the wrong way. I don't see anything about an improperly served warrant.

The facts are that the other driver reported to her insurance carrier that you hit her. The insurance company is taking their policyholder at her word and they have filed suit against you. While her case may not have merit, there is nothing onherently improper in what's gone on.

So what you have to do is fight the suit. But that's where YOUR insurer comes in. You need to report this to your carrier. Your policy probably will provide legal services to protect you. So your first thing is to call your carrier.

If they will not provide legal services for you, then you should contact your own lawyer and counter sue the other carrier and the driver. You will sue them for your court costs and loss of income for having to take time off to deal with this.

Your problem here is that no report was filed. You should have insisted that one be filed noting there was no damage to your vehicle. Now you will need to get affadavits from the police officers that they noted no damage on your car consistent with the damage to the other vehicle.

If you can get those affadavits, then I doubt they can win their case.

Furious09 · Dec 14, 2009, 07:08 AM

Sorry about the title leading into my question, that was merely what I was looking up when I attempted to post my question. However, the insurance I have now, I didn't have back then and they won't help me. I'm just frustrated at this point because its seeming to be more or lesas a witch hunt at his point. I'm wondering how I would go about getting the recording from when she reported the accident to her insurance company because I know they record those and maybe there's something she said that will exonerate me. I'm just nervous now because I can't afford a lawyer for somehting like this and I hate that its come to all this. Does her attorney have to provide me with what "evidince" she has that I hit her car? Maybe I'm worrying for nothing.

ScottGem · Dec 14, 2009, 07:14 AM

If you changed insurance carriers then go back to the carrier you had when the incident occurred. If they were the carrier of record at the time of the incident, then they should still cover you.

You will need to file a motion for "Discovery" to get any evidence and documents that the plaintiff plans on presenting.

What court was the suit filed in (Civil, Small Claims?) How much are they suing for?

I would consult an attorney, find one that offers a free consult. You may be able to counter sue for legal fees.