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  #1  
Old 04-07-2008, 10:07 AM
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Join Date: Mar 2008
Posts: 3

I don't want to pay. Is this right?


What is the name of your state? Missouri

About two years ago, I was driving home from work, and a truck stopped suddenly in front of me. I swerved, and clipped the rear passenger side of the truck, effectively destroying the drivers side headlight of the vehicle i was driving, but doing no visible damage to the truck. I spoke with the gentleman for a few moments, and he used my cell phone to call the owner of the truck. We all decided not to claim insurance, since the only damage was to the vehicle I was driving. When I got home, I explained everything to my mother, since the vehicle belongs to her. She basically told me I would have to pay to get it fixed.

Two weeks later, I was accosted by a man at my local KFC. He demanded that I stay right where I was because there was going to be an arrest. I didn't know who this man was. He was the owner of the truck. He and his friend (which had been the driver at the time I hit the truck) had apparently saw me driving, and phoned the police.

A police officer came, and took down all my information, my contact numbers, my insurance, etc... The officer also asked me about what had happened. Apparently, the man that had demanded I stay put (the owner of the truck), had come onto the scene after I left, and had told the police that it was a hit and run. He had filed a police report, claimed his neck hurt (he wasn't even driving!!!), and demanded an ambulance. The officer I spoke to at the KFC told me somebody would be in touch after confirming that it was NOT in fact a hit and run.

I was phoned by the local p.d. and asked to write statements as to what had happened. The police informed me that they were going to try to prosecute this man for filing false police reports.. etc.

He called and harassed a few times. He should have had our insurance information since the police gave it to him. There was no need to call us, threatening to get our licenses taken away.

A year goes by. He begins to call and harass my mother, who gives him the insurance information again, since by this time, he has decided to take us to small claims court. Two days before court, he calls her and tells her that the insurance went through, and there is no need for her to show up for court. She believes him.

I don't. I show up for court... empty handed, because my mother has all the insurance information. All I could get from the police is the initial police report which was false to begin with!!! They refused to even give me a copy of the statements I wrote, because as they put it I'm just the victim. If it had been him, he could have gotten them, apparently.

He has an estimate for I believe $1,800 or so (which I'm not even sure is legit seeing as the accident had happened over a year ago). The judge rules in his favor, even though he had waited, filed false reports, harassed, lied, etc... All because I'm empty handed. The vehicle wasn't even in my name...


I'm a student, mom of four... My income is very low. At the time, there was no way I could pay any of this. A month later, my license is suspended for non-payment. To get it back, I must pay this man, and get and keep SR22 for two years! I've never had any other accidents, and hadn't had a ticket in years.


He's stalking me now as well. He's driven past my mom's house every day for over a year, looking for me. He nearly ran my child over in front of Payless two weeks ago, and proceeded to scream obscenities at me, demanding that I give him money. He then chased the vehicle I was riding with my children in through town, much to the dismay of the driver. I'm scared he will find out where I live.


Basically, I know... pay the dude. Get over it, right?

But just in case there IS something I could do....

Does anybody know... is there any way to get out of paying this money hungry man?
  #2  
Old 04-07-2008, 10:37 AM
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Join Date: Sep 2006
Location: Panama City, FL
Posts: 919
This is a sad story and a tough lesson for you. I had my lesson 42 years ago when things were different and not so bad. Hopefully you know now to call the police EVERY time something happens like this. This guy is obviously a scammer. Usually, they can only sue you for what your insurance didn't cover- the deductible. If your insurance hasn't paid him, you need to turn over the bill to them and try to have the judgement against you overturned.

You also need to check out the stalking laws in your area...
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  #3  
Old 04-07-2008, 10:56 AM
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Join Date: Nov 2005
Location: New Vertiform City
Posts: 5,289
The accident was ruled a hit and run if you wound up with an SR22.
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  #4  
Old 04-07-2008, 11:00 AM
Senior Member
 
Join Date: Feb 2006
Location: Philadelphia, PA
Posts: 20,423
You should have called your insurance company RIGHT AWAY, if not then, then as soon as you spoke with the police officer the first time. There is no evidence that this has EVER been filed with your insurance company and they probably don't even know about the accident. Since you let it go ALL THE WAY to the point of them receiving a judgement against you without ever giving your insurance company an opportunity to defend you, you have put your coverage in jeopardy. If you are being told to file an SR22, then the DMV thinks you were driving uninsured. This is also bad.

You need to call your insurance company NOW and see if there is any way to salvage this disaster.
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