Question about small claims court regarding car accident. Please HELP ASAP!?

Question

I was served papers today to appear in small claims court regarding a car accident from over a year ago.

I was driving down a State Highway (Interstate 43) when my front wheel fell off the car (after having my car repaired earlier that day) and lost control of my vehicle. I drifted off to the right shoulder and struck a parked car. No one was in the car as it had been disabled and parked for several days, if not weeks!

I am now being sued for just over $4,500 which is what the owner's insurance company paid out. $4,500 was full NADA value of the car, however they did not take into account that the car had serious mechanical failure and over 150k miles!

Blue Book value is less than 1/2 the amount... Am I 100% at fault? Is it legal for the plantiff to leave their car parked on the side of the Interstate? Can I negotiate a lower amount??

Any help is much appreciated, and thank you in advance! Please feel free to leave any links or documentation that may help...

Unfortunately, I had my insurance through Ford Credit - I had just paid the car off a week before the accident and was not told the insurance ended at this time... so, no I did not have insurance at the time :\

This was not the first time the law firm (representing the other person's insurance) contacted me. They gave me a contact which I called 6 times, sent multiple emails, and left messages to call me back...

Finally, I spoke to the receptionist who had me speak with another lawyer in their firm who sent me all the paperwork and said they would accept a reasonable settlement. We agreed on just over $2,500 but before I had a chance to sign the papers and send them back, I was served the papers for small claims...

Any ideas? I have no problem paying them - I know I am at fault, but I don't feel I should pay for a brand new car when it clearly had a lot of problems as stated in the police report!!

Answer 1

FROM ALL THAT I HAVE READ AND SEEN CONCERNING SIMILAR SITUATIONS LIKE THIS ONE, I CAN SAY THAT THE LAW WILL ONLY GIVE THE (ACV) FOR THE VEHICLE AT THE TIME OF THE ACCIDENT AND NOT ANYTHING MORE.

TAKE ALL OF YOUR PAPERWORK WITH YOU BUT ESPECIALLY THE NADA REPORT AND GET A KBB REPORT VALUE AS WELL.

GOOD LUCK AND I AM SORRY FOR WHAT YOU ARE GOING THROUGH.

Answer 2

Did you report this to YOUR insurance company at the time of the accident, and did they pay off on it. It sounds like the owners insurance paid out on a collision claim, and is looking to be reimbursed since it was obviously not their client's fault. When you hit a parked car, you are at fault.

Has your insurance already reimbursed them? If so, notify your insurance and they will represent you in court. If by chance you didn't have insurance when the accident happened, then you owe them the amount of their damages. Pay it. Yes, it's legal to leave a disabled car where it broke down until you can arrange to have it towed, or perhaps 72 hours if you don't get back to it. No, you can't negotiate a lower amount, that is what they paid out.

Answer 3

OK, yes, you are 100% at fault for this accident. You need to get those papers to whoever was your insurance carrier, at the time of the accident.

The status of the plaintiff's parking job is irrelevant. It doesn't matter if he's legally parked, or illegally parked. You still hit him. You're still at fault.

Likely, the insurance company already paid out the $4500. They're looking to get their money back. If you had insurance at the time, YOUR insurance property damage liability coverage, should just write the check. If you had no insurance, well, too bad. They're not going to negotiate a lower amount - more likely, they'll get the jugdement, then get an attachment on your wages until it's paid - with interest.

Your links, documentation, and personalized help, should all be coming from YOUR AGENT. Again, turn the papers in TOMORROW.

Answer 4

Contact your insurance company now! (If a different company at the time of the accident - call them).

Let them know you have received suit papers. They will hire an attorney to defend you (per your policy) but they have a limited time to get the response of file - and the clock starts running the minute you are served with the papers.

Your insurance company will need to know when the papers were served, how (certified mail or process server). They will need the originals but you can get the process started by faxing copies to them and then taking the originals to them.

If the other person or their insurance company is suing you - this is not the first time they tried to contact you. Apparently you ignored them. Insurance companies don't just go away. Next time you get a subrogation letter from an insurance company - don't ignore it and let your insurance company know about it immediately.

** not to be taken as legal advice**

Answer 5

I'm answering this in view that the solutions you may have got thus far had been insufficient. The harm for your car totals 5K that means that correct now with simply the car damages you do not qualify to sue external of small claims courtroom in such a lot states. Look up your state and small claims courtroom, you'll uncover knowledge approximately small claims process and quantities that you'll sue for. Most states even have small claims advisors so one can support you dossier a declare. Small claims courtroom does have the abilities of no legal professionals so when you sue the girl who hit you she has to exhibit up herself and guard the declare. As for scientific damages if you'll end up delicate tissue harm by way of having a physician compare and attest to this (he does not need to exhibit up) then you should not have any crisis discovering an legal professional to symbolize you. Most delicate tissue harm claims accept round 30K which after a contingency cost could go away you with (do not take delivery of a contingency cost greater than 30%) 70% of 30k. If you are scientific fees and car damages do not complete over the small claims courtroom prohibit quantity you then cannot sue with an legal professional. Note: such a lot legal professionals is not going to take delivery of your case in case your damages are above the small claims quantity however so low that it's going to be unprofitable to sue. If that's the case appear for neighborhood regulation university they commonly have authorized clinics that may constitute you without cost. If you've gotten a reduce earnings take a look at asking a few neighborhood corporations approximately professional bono paintings. If you've gotten additional questions ask. This is on no account intended to be sufficient or ready authorized recommendation don't use this quick declaration as a groundwork for swimsuit appear into the challenge for your possess.

Answer 6

Take the papers to the insurance agent or contact the company that you had insurance with when the incident happened.

Do it TOMORROW........you only have a certain amount of time to reply to the court system.

Your insurance company should take care of you. Be sure to tell them about the repairs as they might want to subrogate (which means persue the mechanic's insurance) against the mechanic that did the repairs.

At any rate, do it TOMORROW before Thanksgiving, as most insurance companies will probably be closed on Friday.

Good luck and hope this helps!

Answer 7

You just had your car repaired you said? Do you still have those documents? Try negotiating with the insurance company. If all else fails get a lawyer.