Title says it all.
I talked to the person who rearended me, left the scene, and was later given a DUI (and hit and run).
I told them that I got two estimates on my car, one for 350 and one for 950 (both true, one is for the paint and buff, one is for a brand new part). They said they will not pay me because there is not that much damage to my car.
I said either you can pay me the 350 and I won't show up at court, or you can choose to wait to make me pay (and file a claim with my insurance), and I'll make sure I get the higher estimate and I will show up to court to ensure you get the hit and run tacked on which you wouldn't get if I didn't show.
They said I was threatening them and that they are going to countersue for extortion and threatening them? That doesn't make any sense. Then they had some "lawyer" call me up and say the same thing they said.
Is this legit or what?
2007-10-17 14:23:27 · 11 answers · asked by Bada Bada 1 in Politics & Government ➔ Law & Ethics
1) I did not confront them. This was by telephone 5 days after
2) How would this be a felony on me? Are you dumb?
2007-10-17 14:30:40 · update #1
3) My insurance agent knows. He said to try to settle before it gets inloved between the agencies (which I tried)
4) I did file the police report. I have it with me right now
2007-10-17 14:32:49 · update #2
I don't think you are extorting anything. You should call the police and ask them. They may not be able to advise you but they could refer you to the prosecutor who is handling the case. You should have never let the person go in the first place, or reported it immediatly if they did take off. Anyone can call and say they are a lawyer, but I would not call again before speaking to the authorities. Good Luck.
2007-10-17 14:30:05 · answer #1 · answered by Jim P 2 · 1⤊ 1⤋
You are always supposed to claim a car accident with your insurance company because it will be documented and is proof that it occurred. Also, it does sound like you are threatening them so you need to lay-off of that or you will get yourself into trouble.
You obviously called the police when the accident occurred since you said you gave them the plate ID and that is why they got picked up for DUI- so you should have a case number from the police saying the person did a hit and run on your car/you.
Get as many documents as possible and even though your car may not be very damanged- they still have to pay to fix it since they caused the accident and it is their fault. Remember, always report it to your insurance company because if you call and say someone rearended your car and then left- that is the story they go with and the other person is at fault.
Make sure you have all of the documents (even a copy of your phone record from when you called the police to report the accident) because that will help you win the case and he be brought to justice. Also, if you have a lawyer- contact him/her because it's always best to have an attorney on your side.
EDIT: Your insurance agent should be helping you out since you reported the accident- it's common during situations like this for both insurance agencies to "fight/talk" over it. You need to contact the insurance agency of the man who hit you, also- they will often settle it for you if you call them.
My sister was recently backed into while she was in park in a parking lot and the teenager took blame and then later on decided to say she didn't remember hitting her at all even though she did- the insurance agency helped her win the case and get her car paid for.
2007-10-17 14:30:18 · answer #2 · answered by Madison 6 · 0⤊ 0⤋
Did this person not have insurance? If he did...call his insurance company and have them settle the payment. Right now it's best not to say anything else to the person or his lawyer. If it gets to court all you need to say is I asked the person to settle this matter out of court...and he didn't want to. You can inform the court I was even willing to settle for lower amount at the time so I could speed up things. They can counter sue all they want...you can say they threatened you with extortion.
One thing to do before court.....get one more estimate to fix the damages. It's always best to get 3....and take the middle one.
2007-10-17 14:33:40 · answer #3 · answered by Anonymous · 1⤊ 0⤋
Most likely they are trying to scare you away. Don't you know you shouldn't talk to the person you're in an accident with? Refer it to you insurance company. The "I have a lawyer" is an old ploy used on me too. If your facts are correct, this guy's in a heap of trouble. Get your own lawyer if necessary, but this sounds like a small claims anyway. Doing someone a favor isn't a threat, so I'd file a claim with my insurance company and they'll easily scare this guy off.
2007-10-17 14:37:17 · answer #4 · answered by charlie the 2na 3 · 0⤊ 0⤋
One, they would not be intelligent enough to get you on tape.
Two, you were just trying to be helpful and gave them the low ball estimate.
Thirdly, A lawyer is not involved in small claims court, so obviously the idiot has a great actor as a friend.
Record any other conversations you have with this jerk and take them to court with no worries.
I would personally love to see the Judges face when the DUI winner tries to say you were a bully...oh yeah..that just makes for funny stuff.
2007-10-17 14:27:19 · answer #5 · answered by CherryCheri 7 · 1⤊ 1⤋
so you are admitting to a felony?
Cheers
"said either you can pay me the 350 and I won't show up at court, or you can choose to wait to make me pay (and file a claim with my insurance), and I'll make sure I get the higher estimate and I will show up to court to ensure you get the hit and run tacked on which you wouldn't get if I didn't show"
Think about what you have written here. Im not the dumb one
I hope they can prove you said this.
Cheers
2007-10-17 14:27:35 · answer #6 · answered by james b 3 · 0⤊ 2⤋
You must appear at court if the DA subpoenas you.
You need to contact your insurance provider IMMEDIATELY and let them know about the accident, and the fact this guy hit you, left the scene and was arrested on DUI charges.
You need to get a police report. on the DUI. You need to file a report against him for the hit-and-run, if it has not been filed.
This guy cannot be trusted; he needs to be brought to justice, and you need to be properly compensated.
Do not play this game any longer!
2007-10-17 14:28:53 · answer #7 · answered by MenifeeManiac 7 · 2⤊ 0⤋
File a complaint in court against the person who rearended you so that the court will determine the cost and damages you sustained then order the other party to pay you plus litigation fees.
2007-10-17 14:28:46 · answer #8 · answered by FRAGINAL, JTM 7 · 1⤊ 0⤋
you can definitely file and you should. and do it for $950 - it should be replaced if he rear-ended you and it was his fault.
as for the lawyer saying you're "threatening" him - how so? I'm sure the "lawyer" wasn't a lawyer anyway but a friend. I'd call your insurance and get some advice.
2007-10-17 14:28:33 · answer #9 · answered by nostalgia2007 2 · 2⤊ 0⤋
Um sort of. What you should have done is gone straight to your insurance and let them handle.
Personally if I was this individual I would bring suit against you for harassment and extortion.
You will probably have to pay this individual now that you have confronted them yourself.
Also don't record any conversation with anyone unless you have their consent, it is illegal in most states. One individual tried to do this to me, I got him arrested and fined for $500.00
2007-10-17 14:27:49 · answer #10 · answered by Anonymous · 2⤊ 0⤋