I was hit from behind and didn't know the law

[sgtpepper]

I am in Missouri. I was waiting at a stoplight in St. Louis when a man hit me from behind. This caused my car to push forward and bump the car in front of me. The man that hit me had no damage and I had no damage, but the woman in front of me had a bent license plate. She asked for my information, so I gave it to her, but I had no damage so I didn't get information from the man behind me. There was no police report and no witness information was taken.

Later I find that my mother had stopped paying the insurance, so I was uninsured. The woman that took my information sent a $1500 bill to her insurance for straightening out the license plate, and they hired a collection agency to get the payment from me. They said I had to pay, so I started making payments of $100 a month which I have been doing for several months now. Now she has sent the insurance a $5000 bill for "medical expenses" which they are saying I must pay.

I have now come to find out that I should not be considered responsible and it is actually the man who hit me who is responsible for paying her. If what I am told is correct, it is her responsibility to get the information from the man behind me, not mine.

What are my options now? Should I simply stop making payments and ignore the $5000 bill sent to me? I did nothing wrong. There is no way I should be liable for any payment to this woman.

Any information you can provide would be very helpful.

Thank you. I appreciate it.

 

[alnorth]

I have now come to find out that I should not be considered responsible and it is actually the man who hit me who is responsible for paying her. If what I am told is correct, it is her responsibility to get the information from the man behind me, not mine.

What are my options now? Should I simply stop making payments and ignore the $5000 bill sent to me? I did nothing wrong. There is no way I should be liable for any payment to this woman.

As far as she is concerned, you are the car that hit her. If someone else forced you into her, you should have gotten that information.

It doesnt really matter at this point anyway, there is no police report, no witnesses, and by making monthly payments to her you have basically implied that you were at fault for the accident. If you get brought into court with a story about a 3rd car, she is probably going to look at the judge and say "I have no idea what this guy is talking about, there was no third car, he rear-ended me, and oh by the way here are a half dozen checks he's been paying me for the damage to my car."

At this point you've basically got no defense and are screwed. Next time, never drive a car without being 100% sure that you have insurance. Your only options at this point are to flake out and ruin your credit with a judgement, keep paying, or try to negotiate.

 

[sgtpepper]

It's no wonder there is so much crime. The law only protects the criminals that know how to abuse it and the innocent are left in ruin or forced to resort to vigilante justice.

For the mistake of not asking my mother if she had paid the insurance last month my life is ruined. I have no extra money. I'm managing to find enough work to pay for a low rent apartment and food. I have a wife and a new born baby to take care of. I'm borrowing money from several people to get enough to pay the $1500 over the next year.

Now this woman has the right to take all I own for the rest of my life.

I can't believe this. I'm trapped.

 

[JustAPal00]

I wouldn't say your life is ruined, but I know what you mean. From now on you have to always remember to CYA. It's better to have too much information than not enough.

 

[sgtpepper]

I'm wondering how you figure that.

From what I see, my options are to pay this woman to no end (which I cannot do) or settle on some outstanding amount of money (which I cannot do).

What are they going to do to me? The only thing I can figure is that they take what money I have in which case my family and I are now homeless or they send me to jail.

Do I understand you correctly?

 

[Zigner]

Will the woman in front of you acknowledge that you were pushed in to her from a collision to the rear of you? If yes, then you are ok. You *SHOULD* have gotten the information from the guy that hit you, but she should also have gotten the information. You are not responsible at all for the accident.

Now, if she WON'T acknowledge that you were pushed in to her, then you are in a bit more of a bind...

 

[alnorth]

I'm wondering how you figure that.

From what I see, my options are to pay this woman to no end (which I cannot do) or settle on some outstanding amount of money (which I cannot do).

What are they going to do to me? The only thing I can figure is that they take what money I have in which case my family and I are now homeless or they send me to jail.

Do I understand you correctly?

Lets not over-dramatise this. Its $6,000, which is a lot of money, but not the end of your life. I assume you have found a way to live on your current income, and you are working at or below 40 hours per week.

Give up your social life, get a second job, and work 60 hours a week. Even at minimum wage, if it all went to the debt, youll be clear in a few months.

 

[JustAPal00]

Look, things might get tough for a while. You should have gotten the guy who hit your cars info. But you didn't. From now on I bet you cover your a** a little better. It sounds like you're only talking about $6500 dollars. My debt was 11 times that, and I had 5 years to pay it off. I have one year left. I'm not a rich man, in fact I work 3 jobs, but in 12 months it's over. You won't go to jail, it's in the other parties best interest to work out a payment plan that you will be able to meet every month. I agree with you that life isn't fair sometimes!

 

[sgtpepper]

I just don't see how the court can consider my payments legal evidence that I was responsible. I would think that these payments would be of no consequence in a court of law, especially considering the fact that I've never been in an accident and had no idea. I just followed what the other two told me was right.

With no police report it is my word vs her word and I would consider that case to be thrown out.

I want to know something here. I was told that if there is one car that hits someone and this causes 10 other cars to all bump each other, that the one that caused the accident is responsible for all 11 of those cars in front of him. Is that not correct (in Missouri)?

If so, then if I am car number 10, who is going to pay for my damages? It is going to be the car that caused the accident? In that case, I would give my insurance company the information for the car that caused the accident? I would not give them the information for all 9 cars behind me plus the person that hit me, would I?!?

If I would have taken the information of the person behind me, what would I have done with it since I had the surprise of finding that my insurance had run out? She would have claimed that I was the one that hit her, and she would have sent in my information just the same. When the collection agency comes to me what would they have done when I say it wasn't me and given them the information of the guy behind me? They only want to take my money, right? They don't care what I say. So then even if they do care, then they ask the guy and he will just claim he wasn't involved, or he'll claim that I was the one that hit him and the lady! She wouldn't have any reason to change her story, because filing false claims against someone with insurance could result in an investigation, correct? So then this would go to court, right? Now you've got these two liars in court; one trying to get out of paying anything, and the other trying to take advantage of me. My reasons for not taking anyone's information are valid. So now from the judge's perspective you have three people who all could be liars. Looking at this from an outside perspective, my reasoning explains the payments I made. Just because I was conned into paying her money does not mean I was at fault. It just means I didn't have a clue.

If this woman were posting on here, would you be telling her she's screwed because she did not get the information for the right person?

I must assume that since she has lied about the repair expenses and the medical expenses that she is going to lie about anything else which would profit her, including lying about there being another car.

Someone else on another message board was telling me about a $500 limit or something, where if there were less than $500 in damages you didn't need to have the police involved, and they were saying that this would mean that the most they could claim from me would be $500 if there was no police report. Is there any truth to this?

I need to know what the deal is here, because from what I'm hearing this is something that will change my life forever just because of one simple incident. I either face jail time, flee to Mexico, or get involved in criminal activities! Tell me I'm wrong here.

Thank you to those who have responded to my messages. I apologize if I seem ungrateful or angered by them. It is just that I used to think that we had the best system and that the person in the right would eventually come out on top. Now I return from the service and everyone is trying to rob me blind and it seems like the only way to survive is to be a dishonest person.

 

[sgtpepper]

In response to the statements that it is only $6500. From the other replies I've received to my message, if I don't settle it now, she can go on claiming expenses forever. They said if I do settle, and she claims that she's had injuries and mental distress and whatnot she could get 20 times the amount she is asking for now in the settlement.

Not that it should be of any consideration, but I am working 2 jobs and supporting my mother, wife, and child. I'm already deep in debt from another person trying to screw me over, but that's a whole other discussion.

 

[teflon_jones]

Your post is very long so I'm going to try and simplify it.

A collection agency is not a court and can't find you liable for anything. You would need to be sued by somebody and then found liable by a court of law. You have been suckered into paying the collection agency because you're naive. You are not responsible for paying for anything.

Stop paying immediately and send a cease and desist letter to the collection agency stating that you are not at fault for the accident and to stop contacting you immediately. Send it certified return receipt. Do nothing on the phone. If they call you, tell them to do everything in writing and hang up on them. You could also include something in your letter stating that you expect a refund for what you've already paid. Even if you don't intend on collecting, you are entitled to this money back so you might as well put it in writing so all facts are laid out. This will also make them aware that you know that you are in the right.

The other car was 100% at fault and that is who should be paying for damages. If there were 10 cars stopped and car 11 hit the last car and caused the other 10 to hit each other, car 11 would pay for damages to all 10 other cars.

If the other woman posted on here, I would definitely tell her she is out of luck because she didn't get the other driver's information.

Let this be a lesson to you to always carry insurance.

 

[alnorth]

Your post is very long so I'm going to try and simplify it.

A collection agency is not a court and can't find you liable for anything. You would need to be sued by somebody and then found liable by a court of law. You have been suckered into paying the collection agency because you're naive. You are not responsible for paying for anything.

Stop paying immediately and send a cease and desist letter to the collection agency stating that you are not at fault for the accident and to stop contacting you immediately. Send it certified return receipt. Do nothing on the phone. If they call you, tell them to do everything in writing and hang up on them. You could also include something in your letter stating that you expect a refund for what you've already paid. Even if you don't intend on collecting, you are entitled to this money back so you might as well put it in writing so all facts are laid out. This will also make them aware that you know that you are in the right.

The other car was 100% at fault and that is who should be paying for damages. If there were 10 cars stopped and car 11 hit the last car and caused the other 10 to hit each other, car 11 would pay for damages to all 10 other cars.

If the other woman posted on here, I would definitely tell her she is out of luck because she didn't get the other driver's information.

Let this be a lesson to you to always carry insurance.

You are assuming a couple things. 1) The OP's story is 100% true, and 2) assuming the first, that the woman will frankly admit in open court that the OP stopped, a 3rd car hit him, and drove the OP into her. That is not going to happen. The OP can try to resist it if he wants, but he's got almost no chance of winning given the unfortunate realities here. The OP was naive and intimidated, and now he's probably going to pay for it.

This isnt just OP's word against plaintiff, she's got the evidence of damage to her car, there is probably a lot of correspondence with the insurance company that puts the OP's car hitting hers, and people dont generally write checks to pay for damage in an accident they are involved in just out of generosity. There were no witnesses, no police report, and no one knows who drove this phantom 3rd car. Frankly from the woman's point of view, she probably honestly believes the OP hit her, she probably thinks that the 3rd car story is a lame excuse, there is no proof that this 3rd car caused the accident, and the OP is simply not going to be believed at all.

The only difference is, instead of agreeing to pay her off and moving on with his life (my suggestion), he'll have a judgement that will trash his credit for years, and in the end he'll still be forced to pay or go BK (if thats even reasonably possible anymore for $6k). His credit is likely already damaged by the collection, and if he stops paying without getting this straightened out, his credit will continue to be harmed to the point where he wont be able to finance a Snickers bar.

All that said, if the OP decides he wants to settle this with some kind of payment plan for $6k+, he needs to get an agreement from the other driver that this is the end of his liability, and he can not be sued or held responsible for any other damages related to the accident.

 

[teflon_jones]

I'm not trying to be a jerk or anything here but this is a legal site where people come for legal advice, and what you're saying is not legal advice. You are simply giving your opinion. Please stick to giving legal advice if you're going to post on this forum. People come here to find out the law, not personal opinion.

You are assuming a couple things. 1) The OP's story is 100% true,

Yes, I assume that people tell the truth on this site because you have to. Otherwise it would be impossible to give any advice. If you see things that are obviously not true then you can call them on it but otherwise, you have to consider what they say to be the truth.

and 2) assuming the first, that the woman will frankly admit in open court that the OP stopped, a 3rd car hit him, and drove the OP into her. That is not going to happen.

Regardless of whether that happens or not, the OP is innocent until proven guilty, and the other party has no proof that there was no other car.

The OP can try to resist it if he wants, but he's got almost no chance of winning given the unfortunate realities here.

Based on the limited information you've been given on an internet board and without ever seeing either party in person you're ready to decide this issue? A judge who listens to both parties will form their own opinion. They've heard all the stories before and will usually be able to determine who's telling the truth.

The OP was naive and intimidated, and now he's probably going to pay for it.

Why?

This isnt just OP's word against plaintiff, she's got the evidence of damage to her car, there is probably a lot of correspondence with the insurance company that puts the OP's car hitting hers,

That is not enough evidence to convict the OP unless they stated in writing that they were at fault, and even then, the judge can decide otherwise.

and people dont generally write checks to pay for damage in an accident they are involved in just out of generosity.

No, but they do write them because they're naive and intimidated.

There were no witnesses, no police report, and no one knows who drove this phantom 3rd car.

That hurts the other party just as much as it hurts the OP. It is one person's word against the other and in that case it is up to the judge to decide who is telling the truth. If a judge can't tell, they will find in favor of the defendant since there's no proof to back up the plaintiff's lawsuit.

Frankly from the woman's point of view, she probably honestly believes the OP hit her, she probably thinks that the 3rd car story is a lame excuse, there is no proof that this 3rd car caused the accident, and the OP is simply not going to be believed at all.

Based on the OP's first post, the OP chose not to get the information from the 3rd car of their own free will which implies that car did in fact stop which means the other party saw that car stop too and all three parties most likely talked to each other.

The only difference is, instead of agreeing to pay her off and moving on with his life (my suggestion), he'll have a judgement that will trash his credit for years, and in the end he'll still be forced to pay or go BK (if thats even reasonably possible anymore for $6k).

Paying the $6k already has the OP saying that their life will be ruined so how is it going to help the person move on with their life to simply pay it? The judgment will not go on the OP's credit report unless they default on payment.

His credit is likely already damaged by the collection, and if he stops paying without getting this straightened out, his credit will continue to be harmed to the point where he wont be able to finance a Snickers bar.

The collection can't be put on your credit report unless a judgment was place against you by a court of law or you otherwise agreed to pay for services such as medical bills or credit cards by signing a binding, legal agreement. So there is no risk to the OP's credit by simply stopping paying this.

All that said, if the OP decides he wants to settle this with some kind of payment plan for $6k+, he needs to get an agreement from the other driver that this is the end of his liability, and he can not be sued or held responsible for any other damages related to the accident.

That is the first good piece of legal advice you have provided.

 

[alnorth]

I dont want to argue every point here because it would unlikely be helpful to the OP and we are drifting far from the purpose of this forum.

When the facts are viewed from your side, and assumed to be true by whoever ultimately decides this, some of what you said is technically correct. However, my legal advice is still valid and based on pure pragmatism because although the OP theoretically has some arguments here, he has almost no chance of winning. That is admittedly my opinion, but its reinforced by the fact that you seem to be the only one here who thinks the OP is not going to lose if it comes to it.

This is not a simple he-said she-said where both claims are thrown out for lack of proof, the woman has a substantial amount of evidence to support her claim, and the OP basically has zilch.

Regardless of whether that happens or not, the OP is innocent until proven guilty.

Fine. Hypothetically lets say you are completely innocent of a civil violation, but you have no chance of prevailing. Lets also assume the penalty for losing is more than a negotiated settlement. I would say that it would be idealistic, but foolish to reject that settlement. Pragmatically, rather than go down on principle, I would settle with an agreement that frees me of future liability without admitting guilt.

That is not enough evidence to convict the OP unless they stated in writing that they were at fault, and even then, the judge can decide otherwise.

This isnt a criminal issue, the burden of proof here is not as high as you are implying.

If a judge can't tell, they will find in favor of the defendant since there's no proof to back up the plaintiff's lawsuit.

The OP's vehicle struck the woman's car, resulting in damage, and the OP paid for the damage. You act as if the woman has nothing at all but her word here.

Based on the OP's first post, the OP chose not to get the information from the 3rd car of their own free will which implies that car did in fact stop which means the other party saw that car stop too and all three parties most likely talked to each other.

I dont see how you reach the bolded conclusion. The woman is waiting for the stoplight to turn green, when she is struck by the car behind her. She has little reason to be looking at the car behind her, and no ability to see the car behind the OP.

Paying the $6k already has the OP saying that their life will be ruined so how is it going to help the person move on with their life to simply pay it?

Simply put, the OP is flat wrong on this specific point. To say that a $6,000 debt paid in small installments will "ruin your life" is silly. Admittedly thats my opinion. If we assume that the OP is correct and this debt would "ruin his life", then I guess he really has nothing to lose by fighting.

The judgment will not go on the OP's credit report unless they default on payment.

Of course it will, what gave you that idea?