i was on a road going 35 which was the speed limit, i initiated a left lane merge, i signaled and checked my blind spot. when i got halfway into the left lane i contacted my back left fender with his front right fender at the wheel base. the damage on my car is non-existant and on his there is a ding 1 inch by 2 inches and a half inch deep. he is now suing me for $1350.00 and claiming that i am at fault. there was no police report and no insurance on my side but he didnt call his insurance at all. we had an agreement that i would fix his car but he flaked and we had a settlement price but he flaked... i dont know my next move, ive been surved
2007-02-05 12:28:36 · 11 answers · asked by Daniel W 1 in Politics & Government ➔ Law & Ethics
its was in a two lane road, not a merger
2007-02-05 13:04:13 · update #1
I know this is not the answer you want to hear but you are going to be paying the guy if he doesn't back out of the lawsuit. See in a court unless the judge is really understanding he or she will be in favor of the other guy because you have no insurance. The other way is the suit will be dropped because it is all a hearsay with no police report and no real evidence that you are at fault in the accident. In this case I would say that you are on a losing battle but you might have a chance.
2007-02-05 12:35:56 · answer #1 · answered by vblvly 2 · 0⤊ 0⤋
Once again, screwed by not filing a police report.
Lack of insurance is illegal.... That is YOUR fault.
The fact that you said you were doing a left lane merge and were the one changing lanes indicates it was YOUR fault. Traffic going straight has the right of way unless posted otherwise. Most merge areas indicate who must yield, usually the oncoming traffic.
The fact that you say "we had an agreement that I would fix his car" seems to indicate that you admit it was YOUR fault and agreed to pay.
I think you may have been the one that flaked when you found out how much it was going to cost and are now trying to get out of your promise to pay. Had you had insurance, the cost would not be an issue.
Now, what to do.
If he has actually sued you and you got served by the court, get a lawyer to straighten out the mess.
If he only "said" he sued you and you have not yet been served, get a copy of his estimates and pay the lowest. If he refuses to give you copies, tell him you are not just going pay without having a copy to review and he can sue all he wants.
When it is time to actually pay the money, pay it directly to the repair shop AFTER his car is repaired so he can not just pocket the money. Do not give him a check..
AND NEXT TIME HAVE INSURANCE AND CALL THE COPS!
2007-02-05 12:51:14 · answer #2 · answered by forgivebutdonotforget911 6 · 2⤊ 0⤋
YOU were the one making the lane change and if you didn't have the room to do it and caused an accident then it is YOUR fault. As far as the amount of the damages you might be able to contest that because 1350 seems pretty steep but you may have done more than the cosmetic damage that you initially saw. I'd be prepared to pay something though if I were you.
2007-02-05 12:38:24 · answer #3 · answered by . 6 · 0⤊ 0⤋
Well from your description of the accident...he was there the whole time, and that would make it your fault for careless driving. You merged into an occupied lane. I know you don't want to hear that...but if this goes to court...I'm sure that is how it would be judged. unless he rear ended you by speeding up, your at fault. Sorry. Plus you already agreed to fix his car. Unless you plan on perjuring yourself. Settle the claim.
2007-02-05 12:42:39 · answer #4 · answered by gatorgrad99_99 3 · 0⤊ 0⤋
Unfortunately, it's now his word against yours. You will have to prove what happened in small claims. Tell the truth. Don't try and hide any facts. You wil only end up paying more in the end.
Make sure has at least 3 estimates that are valid. The judge will go with the lowest price. If its in small claims, he can't get more than the repair costs plus the filing fees. (about 12-20 dollars).
2007-02-05 12:37:01 · answer #5 · answered by vgordon_90 5 · 0⤊ 0⤋
ALWAYS call the police when you get into a wreck with another vehicle, even if no one was hurt. If your not at fault and you know it, what is the harm in calling them. It just aides you, in this type of situation, to have a police report to back you up. GOOD LUCK!
2007-02-10 04:03:33 · answer #6 · answered by Jennifer M 2 · 0⤊ 0⤋
Sounds like he should have stopped for you and sounds like you should have filed a police report.
When not sure who is at fault, you should file a report. If it's OBVIOUSLY your fault the kind of settlement you made is good.
When it's OBVIOUSLY NOT your fault, NEVER make the kind of agreement above and get a police report.
When in doubt, call the police, get a report.
2007-02-05 12:37:20 · answer #7 · answered by Eric L 5 · 0⤊ 1⤋
If there is NO police report or no insurance report. I would plead the 5th.
It was an accident. If you were in front how could of it been your fault.
Sounds like you just got scam.
I wouldn't pay a dime to that freak.
An inch by an inch is it really wroth 1k?
2007-02-05 12:36:58 · answer #8 · answered by LA LA 6 · 0⤊ 3⤋
Try the site below for research on this issue. Make sure to change the location/state. Hope this helps.
2007-02-05 12:57:19 · answer #9 · answered by citronge69 4 · 0⤊ 0⤋
Where I am (Florida) it's a no-fault state. That means nobody is ever at fault. But, normally, it is the guy in the rear's fault. He should not have been following so close. Good Luck!
2007-02-05 12:34:09 · answer #10 · answered by Anonymous · 0⤊ 1⤋