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fuzzcan · Mar 23, 2007, 09:29 PM

I was recently accused by neighbor of colliding with his car and crushing his door with my hitch on my bumper. Both cars were examined by the inscurance company but there was no damage to my vehicle nor any witnesses to the incident. The inscurance company has closed the file because of no physical evidence linking my vehicle as well as no witnesses. I did not hit this vehicle.

He has since drafted a letter to me demanding I pay 1300.00 for the damage to his car within 14 days or he will be taking legal action.

Can he do this?

carbonite · Mar 23, 2007, 09:33 PM

Yes he can do this does not mean he will win.

RubyPitbull · Mar 25, 2007, 02:46 PM

Yes fuzzcan. Anyone can sue anyone. The problem is without any proof, the neighbor won't get too far. Is he claiming that he actually witnessed you do this?

If you want to make this go away without having to go through the hassle of going to court, I suggest you contact the insurance company again. Ask for a copy of the report made out by the investigator in which it clearly reads that there is no evidence linking your vehicle to his vehicle's damage.

Make two copies, keep one in your file. Send your neighbor a letter, stating that you are very sorry for his misfortune but he is mistaken and you were not the person who damaged his vehicle. Explain to him that he has no grounds for making this unfounded accusation and if he keeps threatening you as he has been, you will countersue for harassment. Attach a copy of the insurance report to the letter and send the letter via certified mail, return receipt requested. If this doesn't shut him up and he still files a claim against you, contact an attorney and follow through on your threat. Guaranteed, once your neighbor sees that you aren't going to be intimidated and you are making good on your promise, he will back down.

fuzzcan · Mar 25, 2007, 07:38 PM

Thanks for the information Ruby. The neighbor did not witness anything. He states in his letter of demand "to the best of my knowledge that your vehicle collided with my vehicle.....". He has no exact time at which the incident occurred and has a time frame of between 11 p.m. at night and 10:30 the following morning.

It has also come to my attention that he has told two of my neighbors that my vehicle hit his. This was after the judgement by the inscurance company.Is this slander? I live in Saskatchewan, Canada.

This is very frustrating. Again thanks for the info.

Fr_Chuck · Mar 25, 2007, 08:19 PM

Actually this is how we used to write police reports up, from time to time, last time they saw the car OK, and then when they saw it damaged, so the period is actually almost wording from how a police report will be worded.

Whose insurance person looked at it? Yours, if so, he may have saw it borderlne for a reason not to pay also. Was the damage at the same hight, was there any impact markings and the such, This is something an accident reconstructoin person looks for more than a claims person.

But without any proof, I doubt they would win in court

fuzzcan · Mar 25, 2007, 08:44 PM

Vehicle inscurance in Saskatchewan is run by our provincial government. Both of adjusters work for the same company and therefore had to come to the agreement of closing the file.
The damage was obviously done by a hitch, which I have on my vehicle. The damage was done at a lower height than my hitch is at. Both of us were at the accident reconstruction which was done by the special investigation unit. In talking to the investigator after he examined both cars I asked him if he could identify my van as the one that was in collision wy the neighbor's. His answer was no.

There is absolutely not a scratch on my vehicle and 1300.00 damage to his.

RubyPitbull · Mar 26, 2007, 06:24 AM

So, fuzzcan, do as I suggested and get the report(s). Regarding slander, that is always a toughie. You can always include that with the harassment lawsuit if it comes down to your lawyer actually having to file. You would need sworn affidavits by the other neighbors that he was going around badmouthing you. It just gives more validity to your harassment case.

If the guy backs off after doing what I suggest, let it go. Not worth the expense and hassle of going through a lawsuit. There is always a good chance you won't collect on it and you will have wasted legal fees, unless your lawyer is willing to take it on a contingency basis. But, slander is one of those things that you have to prove that it adversely affected you financially, such as loss of income because a client of yours believed him and you lost the account. Just chalk it up to the fact that the guy is a jerk.

Not for nothing but I am assuming here that you and he have had some problems with each other in the past? There doesn't seem to be any rational explanation as to why this guy keeps pushing this.

ScottGem · Mar 26, 2007, 06:35 AM

I assume you have the adjuster's report in writing. I would respond to this person sending a copy of the adjusters report and stating:

Since I know my vehicle was not involved and the insurance adjusters found no proof that it was, I am not going to pay anything. If you feel you need to pursue legal action, that is your prerogative. However, I'm confident you cannot win such an action since no proof exists. If you do pursue this you will be responsible for paying my costs to defend your frivoulous action.

(double check that last with your courts, but many courts do require the loser to pay court costs).

fuzzcan · Mar 26, 2007, 06:20 PM

Today I was in contact with my inscurance adjuster and she will be forwarding the investigators report as well as my statement . Until and if this proceeds to court the plaintiffs statement will not be sent to me until a court date is set.

The plaintiff is twentysomething student renting a basement suite across the street from us. Have never had any interaction with him until this incident.He has been very aggressive in even trying to talk to him about this, and has even gone as far as suggesting my wife and I will lie for each other.

One thing I did not mention is my wife and I were in the vehicle the only time our vehicle was moved in the times I mentioned. She is my eyewitness.

RubyPitbull · Mar 26, 2007, 06:27 PM

So, you were in the vehicle at the times that this supposedly occurred. Sounds like he might have seen you and just made an assumption. But, as we all know, that doesn't make his assumption correct.

Well, you are going about this the correct way. You may want to add ScottGem's advice into the mix of the letter you send.

Good luck and if you get a chance, let us know the outcome. :)