being sued by collections attorney for car accident

halebopp · #1 08-23-2006, 04:07 PM

What is the name of your state? Virginia

Hello,

I was in an accident in a parking lot when I didn't have insurance. The other person called the police and the officer declined to write a report because he considered it an accident, ie neither of us was at fault. The other person took pictures and now the insurance company sold my case to a collections attorney, who is trying to collect for $4500. Do they have a case? And should I move the case to my area from the attorney's area? And do I even need to show up, or will the clerk/judge rule against me if I don't show up? This was not a rear end accident, and liability was, as the cop determined, hard to judge. By the way, the plaintiff is listed as the person in the other car. Wouldn't the plaintiff be the insurance company? And does the other driver have to show up at court if he is the plaintiff? Thanks! This is so long, I may have to post it over at Google answers. And remember: always drive with insurance!

moburkes · #2 08-24-2006, 08:04 AM

The police officer didn't write a report because it was on private property. An accident (meaning it wasn't done on purpose, not that no one was at fault) IS someone's fault. The other person's insurance company apparently determined that you were the one at fault.

Now, at first you state that an attorney for a collections agency has contacted you, but then you refer to a lawsuit. Are you being sued? If so, and you don't show up, a default judgment will probably be entered against you.

halebopp · #3 08-24-2006, 11:09 AM

Thanks for the reply. This might be more serious than I thought. I'm being sued in small claims court. I also offerred to pay for the damage on the scene, but that was because I thought my license was suspended. I didn't admit any negligence or liability, and there was alot of snow on the ground. So I guess my question now is: how often does a small claims court to rule for the plaintiff in this sort of case? And would it be a good idea to contact an attorney? It is a relatively large amount, $4739.

moburkes · #4 08-24-2006, 11:39 AM

Snow does not factor into fault with an insurance company. If the weather was that bad, their take is that you shouldn't have been driving. I have no idea about statistics, but unless you've got a good defense, then they will probably win. What happened in the accident?