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05-23-2006, 02:27 AM
| | Junior Member | | Join Date: May 2006
Posts: 1
| | | Illegal but not at fault What is the name of your state? WA
SUMMARY OF THE EVENT
After two weeks of unofficially renting a car space for my vehicle--a space that was shared with about twenty other vehicles--I took a leisurely stroll past my vehicle one night in January to notice that the person parked in the space next to me had left me a note. The note accused me of damaging this person's front bumper, and a number was given that I was asked to contact.
I called this person, and we promptly met face to face. I tried to convince him that I had not damaged his vehicle. We walked around his vehicle and he pointed out the damage: the driver's side bumper of his vehicle had sustained an impact, an impact that was evident from a dark mark the width of a silver dollar and the fact that the bumper itself was inverted by about 5 to 10 degrees.
Unfortunately, at the time that our meeting took place, I did not have an insurance policy. My vehicle is barely drivable, I had just returned from a six month internship abroad, I am in school, and the only need I have for a vehicle is to get someplace after mass transportation stops running at reasonable intervals.
The conversation I had with this man was v. disagreeable. I had continually denied that I had hit his vehicle, and he continued to adamantly insist that I had. He said the dark mark was the same color as my bumper and that he had not driven anywhere where the damage could have occurred except in the garage. He told me that he would be speaking with the garage owner and that he would be demanding financial reparations. He said he had already spoken with an autobody specialist, and that it had been ascertained that the damage would be somewhere around $1000. I did not share with this fellow any of my contact information. I did not tell him that I did not have insurance. We did not speak with the police.
REPERCUSSIONS
After our argument, I went to my apartment and promptly purchased insurance. I also called the person from whom I was renting the space, a third party who was renting it from the garage owner. I gave this person my contact information and permission to share my contact information with my accuser. I also told him I was not at fault. He disagreed at first, and offered to split the damages with me by 50 percent. Then he later backed off his disagreement.
My new insurance company was willing to take pictures of my vehicle, but obviously, they were not willing to provide me with liability protection since I purchased the policy after the event. The pictures show that my bumper rises only 21 inches off of the ground. The dark mark on the bumper is approximately 24 inches off of the ground.
I never received contact from my accuser again. I did receive my first letter from his insurance company about three months ago. They said that they wanted me to provide them with insurance policy information. Initially, I thought I would contact them and let them know that I did not have insurance. But I decided against it because I didn't think they should need to know that.
I received a second letter saying that they knew I did not have insurance, that they would report me and that I was responsible for $750 in damages. I am not sure how they determined that I do not have insurance as I thought this was a private matter. Finally, I received a third letter this week from a subrogation specialist saying that if I didn't pay for the $750, I would be responsible for lawyer fees, collection fees and possibly have my license revoked.
LIKELY SCENARIOS
I forsee five likely scenarios:
1. Inform the insurance company that I am not at fault and provide them with photographic evidence that my insurance company has provided me with but will not support with further aid or protection. The insurance capitulates in light of the evidence.
2. Inform the insurance company that I am not at fault and provide them with photographic evidence. They do not capitulate and report me to the WA DOL. I pay $250-$300 in infractionary fees.
3. Inform the insurance company that I am not at fault and provide them with photographic evidence. They do not capitulate and report me to the WA DOL. Although I was not operating the vehicle at the time of the incident, I am determined to be at fault, and have no means to appeal that determination because I don't have an insurance policy to protect me (illegality = fault). I end up paying $1000+ in fines.
4. Inform the insurance company that I am not at fault and provide them with photographic evidence. They threaten to inform the state of my lack of insurance and negotiate with me to pay $750 instead of $1000+. I accede to there demands.
4. Do not speak with the insurance company at all because no one was present at the event, the police were not contacted and they have no evidence to back their claim. Nothing happens and eventually, they back off.
Which of these do you think is most likely and which least likely? Your feedback is highly valued.
Last edited by deftallusion; 05-24-2006 at 02:55 AM.
Reason: Cuz its answered
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05-23-2006, 08:38 AM
| | Senior Member | | Join Date: Nov 2005 Location: South Cackalacky
Posts: 15,044
| | Quote: |
Originally Posted by deftallusion What is the name of your state? WA
SUMMARY OF THE EVENT
After two weeks of unofficially renting a car space for my vehicle--a space that was shared with about twenty other vehicles--I took a leisurely stroll past my vehicle one night in January to notice that the person parked in the space next to me had left me a note. The note accused me of damaging this person's front bumper, and a number was given that I was asked to contact.
I called this person, and we promptly met face to face. I tried to convince him that I had not damaged his vehicle. We walked around his vehicle and he pointed out the damage: the driver's side bumper of his vehicle had sustained an impact, an impact that was evident from a dark mark the width of a silver dollar and the fact that the bumper itself was inverted by about 5 to 10 degrees.
Unfortunately, at the time that our meeting took place, I did not have an insurance policy. My vehicle is barely drivable, I had just returned from a six month internship abroad, I am in school, and the only need I have for a vehicle is to get someplace after mass transportation stops running at reasonable intervals.[b]None of these are valid reasons for not having insurance.B]
The conversation I had with this man was v. disagreeable. I had continually denied that I had hit his vehicle, and he continued to adamantly insist that I had. He said the dark mark was the same color as my bumper and that he had not driven anywhere where the damage could have occurred except in the garage. He told me that he would be speaking with the garage owner and that he would be demanding financial reparations. He said he had already spoken with an autobody specialist, and that it had been ascertained that the damage would be somewhere around $1000. I did not share with this fellow any of my contact information. I did not tell him that I did not have insurance. We did not speak with the police.
REPERCUSSIONS
After our argument, I went to my apartment and promptly purchased insurance. I also called the person from whom I was renting the space, a third party who was renting it from the garage owner. I gave this person my contact information and permission to share my contact information with my accuser. I also told him I was not at fault. He disagreed at first, and offered to split the damages with me by 50 percent. Then he later backed off his disagreement.
My new insurance company was willing to take pictures of my vehicle, but obviously, they were not willing to provide me with liability protection since I purchased the policy after the event. The pictures show that my bumper rises only 21 inches off of the ground. The dark mark on the bumper is approximately 24 inches off of the ground.
I never received contact from my accuser again. I did receive my first letter from his insurance company about three months ago. They said that they wanted me to provide them with insurance policy information. Initially, I thought I would contact them and let them know that I did not have insurance. But I decided against it because I didn't think they should need to know that.
I received a second letter saying that they knew I did not have insurance, that they would report me and that I was responsible for $750 in damages. I am not sure how they determined that I do not have insurance as I thought this was a private matter. Finally, I received a third letter this week from a subrogation specialist saying that if I didn't pay for the $750, I would be responsible for lawyer fees, collection fees and possibly have my license revoked.
LIKELY SCENARIOS
I forsee five likely scenarios:
1. Inform the insurance company that I am not at fault and provide them with photographic evidence that my insurance company has provided me with but will not support with further aid or protection. The insurance capitulates in light of the evidence.You should at least try to defend yourself, if you feel that you are not at fault. There is no reason for not cooperating.
2. Inform the insurance company that I am not at fault and provide them with photographic evidence. They do not capitulate and report me to the WA DOL. I pay $250-$300 in infractionary fees.According to the Dept of Insurance's website for WA, you are only required to file a written report if the damages exceed $750. You state below that the damages are right at $750.
3. Inform the insurance company that I am not at fault and provide them with photographic evidence. They do not capitulate and report me to the WA DOL. Although I was not operating the vehicle at the time of the incident, I am determined to be at fault, and have no means to appeal that determination because I don't have an insurance policy to protect me (illegality = fault). I end up paying $1000+ in fines.Having no insurance does not automatically=guilt/fault. An investigation will determine this.
4. Inform the insurance company that I am not at fault and provide them with photographic evidence. They threaten to inform the state of my lack of insurance and negotiate with me to pay $750 instead of $1000+. I accede to there demands.Why is a negotiation needed? They told you the damage is $750.
4. Do not speak with the insurance company at all because no one was present at the event, the police were not contacted and they have no evidence to back their claim. Nothing happens and eventually, they back off. You should cooperate. In the end, it may be decided that you are not at fault.
Which of these do you think is most likely and which least likely? Your feedback is highly valued. | You are required to remain at the scene of an accident (if one occurred). You are also required to give necessary info to others. If you feel that you are not at fault, then defend yourself. Your new insurance company was nice enough to help you in that situation. I probably would have set up your policy to cancel IF I found out after you started the policy, that you didn't disclose this incident. (Not sure when you disclosed this). | |
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