Guy that hit me keeps calling me threating to goto court?!

[cmn0548]

What is the name of your state? TX

okay so this guy hits me pulling into a apartment complex, cause he is in my lane.

anyways no police report, just exchanged information and our insurance companies battled it out. insurance companies denies both sides (I was driving a rental at the time and my rental damage is covered from the damage waiver I take at the time of rental) and thus my personal car is not damaged, theirs is.

anyways he gets the info his insurance is not gonna do anything, and mine is not gonna do anything either, both parties are at a no fault.

Now he calls me 4 times today, leaves me a voice mail saying 'im taking you to court, i have witnesses' when there wasnt any witnesses to the accident.

to top it too, the driver was not in the insurance, the owner (who keeps bugging me) is not on the insurance, its the owner's "freind" thats on the insurance.

So whats the deal with this court? you think i'll have to go to court? its just his word against mine, no witnesses no police report.

 

[alnorth]

Just because the insurance companies dont want to pay doesnt mean he cant sue you anyway. If you have insurance, your insurance company will defend you. If you lose, your insurance company will pay.

 

[cmn0548]

you mean because my insurance denied the claim and so did his, he can still sue me? and I can get representation through my insurance company? I do not understand. I am so confused by this matter I have no clue what to do. He keeps calling me, and threating me to goto court exact words were "ill see you in court, be ready".

he thinks its my fault, and thus wants to go to court. I dont know under what basis either. Can he file a police report 3-4 weeks after the accident, and would it hold up in court? he looks like the type that would do anything to get money.

 

[Caveman]

he looks like the type that would do anything to get money

What kind of look is that?


Well, sounds like a bully, and to deal with a bully sometimes you have to be a bully back, ( My mammoth taught me that) come up with a "lawyer" of your own and see if he bleats back. Just a suggestion

 

[cmn0548]

what i meant was, he keeps calling me 4-6 times a day which is gettin really annoying. so as it seems he wants some kinda of money to fix his car.

anyways I am not going to get a lawyer. I have heard that unless a police report is filed, no judge or court will take a minor fender bender into court. his car is driveable, so was mine. it was just body damage, and it was at abotu 5 -10mph in a apartment complex entrance driveway (private property).

Should I get prepared for court? I am assuming he is going to hire a lawyer and the lawyer will contact the insurance company, and the insurance company will contact me?

 

[Zigner]

what i meant was, he keeps calling me 4-6 times a day which is gettin really annoying. so as it seems he wants some kinda of money to fix his car.

anyways I am not going to get a lawyer. I have heard that unless a police report is filed, no judge or court will take a minor fender bender into court. his car is driveable, so was mine. it was just body damage, and it was at abotu 5 -10mph in a apartment complex entrance driveway (private property).

Should I get prepared for court? I am assuming he is going to hire a lawyer and the lawyer will contact the insurance company, and the insurance company will contact me?

You heard wrong. This type of case is EXACTLY what Small Claims Court is for...

 

[Ozark_Sophist]

IF he sues, he will sue you--not the insurance company. It will be your responsibility to immediately notify the insurance company of the pending litigation.

Meanwhile, when he calls, tell him to stop harassing you and if he wants to take it to court, to do so.

 

[cmn0548]

Ahh small claims court, I guess this is where it will be heading. *shrug* I guess he is gonna hire a lawyer to goto this court. Should I get one too when I hear about it from their lawyer? I guess I should also notify my insurance company about it ?

Facts:
1) It is his word against mine

2) no police report

3) his freinds that were NOT pesent at the time of the accident as witnesses, he said so in the voice mail.

4) person on insurance was not person driving. Neither of them were the owners of the car.

5) Insurance information regarding the denial.

 

[Ozark_Sophist]

Ahh small claims court, I guess this is where it will be heading. *shrug* I guess he is gonna hire a lawyer to goto this court. Should I get one too when I hear about it from their lawyer? I guess I should also notify my insurance company about it ?

Lawyers and small claims usually don't mix. Unless he has medical injuries, the expense of a lawyer will probably more than any damage he could recover. I doubt he is going to hire a lawyer unless there is more to the story.

If you do get a demand letter or get sued, call the insurance company. Do not delay. Do not pass go. Do not collect $200.

 

[cmn0548]

okay so I called my insurance agency, claim officer who handled my case. He said he gets these court threats all the time, and he said if needed and he does file a court case, the insurance agency attorneys will help me with it.

one question is, in small claims court, does he have to file it where he lives or where I (defendant) live ? I live in Houston, he lives in dallas.

 

[ecmst12]

He SHOULD file it where you live. And that means he's probably making empty threats. Stop taking his calls and forget about him. If you get suit papers, then worry, until then, fuggetaboutit

 

[Caveman]

megads

He SHOULD file it where you live. And that means he's probably making empty threats. Stop taking his calls and forget about him. If you get suit papers, then worry, until then, fuggetaboutit

that was what I was trying to say in my roundabout way. I meant a pretend "lawyer" You know like that make-believe friend you had in grade-school.

Oh well, my wisdom will fall on other ears.