Ins. Co says I was in Hit & Run, Police say I wasn't.

[RolandOne]

What is the name of your state?What is the name of your state?What is the name of your state?What is the name of your state?What is the name of your state? MO

Going to try and make this short. Yes there was an hit & run accident. I wasn't involved, was no where around. Didn't even know it happened until police contacted me to inspect my truck.

Went away for the day with some friends, came back that evening and found a police business card telling me to call this officer. I called them. They asked what it was about. Was my house broken into. I said doesn't looks like it. Then they asked where I was calling from. They said they were the police in a town about 1 hr away and I would have to call back when that officer got in that night to find out what it was about.

He called me back a few hours later. Find out there was a hit and run, they sent police out to inspect my truck, but it wasn't there, so they need me to bring the vehicle down so they can inspect it. I am still thinking this is some kind of ruse, and it is now about 11 at night. So I say I will bring it down next day, cause actually, I don't know where this town is at.

Bring the truck down next day. Officer inspect the truck, vin number,.... say this truck was obviously not in any kind of accident, takes my witness information and a signed receipt I had from a gas station from the day before about 2 hrs after the accident. Also, said they only had one licence plate involved and it came out with mine. So much for eye witness information.

Ok, so think this is over. About a month later get a call from an Ins. Agent about my name being on a accident report involving their client. I pick up the phone and tell her she better read the report cause I have already been cleared of any involvment by the police. And if she has any problems with that she can call the officer, gave her the phone number.

I call the officer and ask why I am still being accused of this hit & run. He ask, who says that. I tell him and he said they need to read the supplement that he filed with the report clearing me and not just the front page of the report.

Still not over. About 9 months later, get a letter in the mail stating that they are filing a claim against me for the accident with their client. I call them up and she says she has no supplement. After much todo she finally says she guesses she can reorder the accident report.

So, call the police back and get the number for the report and go pay for it myself. Sure enough the supplement is right there, filed the day after the report was. Then looking further at the report see that not only does the supplement clear me, but witness descriptions do also.
1) They mention a truck and possible make. But it is a guess.
My truck states what it is on the tail gate.
2) There is no mention of the truck being a extended cab.
My truck is an extended cab and clearly is from any vantage point.
3) The say it was a two tone truck, but brown/white.
One part might look white at night, but the other is clearly maroon. Even in the dark.
3) They give the description of the driver.
It doesn't match me at all. Not even vaguely. Not skin color, hair color,...
4) Didn't know this till read the report, but there were two cars hit in this.
Was never contacted by another insurance company for that person. Either they didn't file claim or that Ins. Co. read the accident report correctly or are not trying to scam me.
5) Also from report find that they did have two plates to check. One didn't pan out, the other was my truck. They send police out to check it out, not there, parked at friends house, so they think they have their man.

So really the only thing that matches is the plate number and it turns out to be wrong when they inspect the truck. Clearing me of any involvement. So they file the supplement to report and since no other suspects close the case.

Then about 4 months later, I get phone message from a Subrogation (collector) Co. So I call a lawyer to see how to put a stop to this. He asked if I were charged with anything. I said No, nothing. Police checked the truck out and I went home thinking it was all over. He said to contact my Ins. Co. I said I wasn't actually involved in the accident so didn't think I had to. He said that is what they are there for so call them. The will take care of it.

So, call them. Bring my accident report, contacts information,... they start a claim. Hopefully this will be the end of it. Got two letters in the mail from the Subrogation Co. day took info to my Ins. Co. They mention the conversation I had with the Ins. Co. blaming me for the accident and say that I said there was a supplement to the accident report and if so could I send that to them.
What a load of bullhockey. That original claims agent said she would reorder it and didn't even do that, they just handed it over to the collection agency. Now they want me to send it to them. They can get it themselves.

If they call me, just going to tell them my people will call them. I don't really blame them, they are just getting stuck with something that the Ins. Co. blaming me screwed up.

I guess I should have contacted my insurance co. earlier, but didn't know that should because wasn't involved in an accident nor was my truck.

I guess my main question is. Will it end here? I don't want my Ins. Co. to pay, cause I wasn't involved and was cleared of any involvment. They say they are not going to pay.

I don't think the collection agency can garnish my wages either cause they would have to get an judgement from court and I don't see how they can win in court with all the evidence I have, and plus hit & run is a felony and I was never charged with anything, so a arrest record would show that.
Am I correct, is there any thing else to do? Hopefully my insurance co. will take care of it.

Note: Maybe since it is the law here you have to have insurance and I never mentioned my insurance to them or that I even had any. They think that I don't have any and even though not involved will pay them cause I don't want that known. Just a guess, but they are wrong on that also, cause do have insurance.

 

[teflon_jones]

If you have the supplement clearing you of any involvement, then tell them all to go pound sand. There is absolutely nothing they can do to you. If you really want to make a point of it, you should send them a copy (not the original you paid for) of the police report, return receipt, and tell them to cease and desist all actions against you, no phone calls, letters, etc.

Involving your insurance company was smart and you should have done it sooner. It's one of the things you pay for with your premiums and they'll take care of this. Now anybody that calls you technically should be going through your insurance company, not you. So if you get any more phone calls, you can also refer them to your insurance company.

 

[RolandOne]

Thanks for the reply.

Yes, I should have involved my insurance company sooner. Never had anything like this happen and thought, geesh I wasn't actually in an accident so what can they do. Didn't find out till talked to the lawyer. This is one of the reasons for me posting this here. Incase this happens to anyone else, they know to report it to their insurance.

I didn't think they could do anything since I do have the supplement clearing me. It just bugged me that they insisted they didn't have it and I had no problem getting it. Not from the police, but the records hall they send them to. Then they passed it to a subrogation company without even reordering the record to see the supplement themselves. It is like what the heck is going on with these people, do they want their money that bad and are so unethical that they want it from an innocent person. Geeesh.

I was also wanting it cleared and not just cease & desist cause thought they might be able to garnish my wages,... even though I was proven to have no involvement. But understand they would have to go to court and I would be notified and they have nothing that will stand up in court over what I have. They have my name on a accident report, and the police trying to contact me. They claim to not have 'a supplement', showing when the police finally did get ahold of me and cleared me.

I was thinking of telling them if they call, that my insurance is handling it and they will get ahold of them. Not even give them who my insurance is, just make them wait. But more than likely my insurance will get ahold of them first.

Again, Thanks.

 

[nanaII]

Victim..

If they call you back again, I would tell them that if they bother you one more time, you are getting ahold of your state's Insurance Commission and filing charges of harrassment against the them and insurance company that is trying to collect (I know it is a collection agency coming after you, but if you threaten to file against the insurance company, as well as them, they may leave you alone). If they call after that, make the call. What they are doing is illegal.

 

[teflon_jones]

If they have trouble obtaining the supplement, then that's their problem, not yours. It's their responsibility to obtain the full and complete police report. You don't have to do this! Worst case is that they could take you to court. Unfortunately, you'd have to go. But if you brought the police report with you, any judge would throw out the case as soon as he read it. If you had it documented that you'd provided this before, you could countersue for lost wages for taking the day off work to go to court, and for mileage etc. I'll stick with my previous statement of telling them to go pound sand!

 

[RolandOne]

I did file a consumer complaint after the claim letter was sent (2nd contact) with the MO Attorney General. But they just told me to get a lawyer. So they dismissed it. What they should have told me was what you said nanaII, told me, like contact the Insurance Commission. That is why I waited longer cause thought they would get the supplement and it would be over, but they just sent it to the collections. The lawyer just told me to tell my insurance cause I wasn't charged with anything. No, one was telling me what to 'really' do until talked to the lawyer and you guys!

I found this on the net. Hope this is correct if not let me know. List links to all the states Insurance Commissions: Links to state commision offices . Went to missouri link and they have a consumer complaint link there. Think might call them, to make sure they just won't dismiss it like the attorney general. Ya, I still want to file a complaint. Reading the collection letter where it says: "The facts of the incident indicate that you are liable for payments that Insurance co. made to its policy holder as a result of the loss." Just steams me, and also laugh.

No, the facts are that my license plate was listed as a possible, but didn't pan out. So if they claim they don't have the supplement, then it is an open ended accident report, because without the supplement it only shows that the police hadn't been able to contact me. This was a felony, and I am not hiding, so if they can get ahold of me, I don't think the police are going to sit on their hands and do nothing. The supplement shows the police contacted me and inspected the vehicle and dropped that lead. Plus how did I get the accident report number without the police help?

And your right teflon_jones, they have to same or more resources than me, and I obtained the 'complete' report.

If you had it documented that you'd provided this before, you could countersue for lost wages for taking the day off work to go to court, and for mileage etc.

I didn't provide them with it, though. I did tell her to get it and she said she would reorder it. I didn't even have the report number until she said she didn't have 'supp'. So I called the police and got the number and report couple days later. Then the collections letter does mention at least part of the conversation with the Ins. Co. "..adjuster noted a conversation with you from back on 'date' wherein you had advised them that there was a 'supplement' to the original police report. Please provide this office with a copy of this supplement'.

The way they are acting, they would just say, 'that isn't good enough, we need an original copy now from the original report. Please have the Hall of Records send a original copy of supplement to us.'

I think I'll still call the Insurance Commission today to see about filing a complaint. Thanks guys.

 

[RolandOne]

Good news all!!
My claims agent called me this morning to get updated info on the two letters the subrogation dept sent me. Said she also had a message to call the contact there from a message she left yesterday.

My agent just called back telling me that she is going to send me a copy of the letter she is sending them, and that the subrogation person is going to send me a letter confirming their conversation and that I am released from all liability and had no involvement in the accident. My agent is going to send me her copies of that also to make sure I get them.

Put those damn things in my lock box. I also told my agent I was going to file a complaint with the insurance commission, but was going to wait until she was done so didn't get in her way. So, soon as get those letters, going to file a formal complaint against the Ins. Co. that filed against me.

Could do it now. But if can send the letter showing the collection agency even admits that can not follow thru with this cause it is invalid, will even put more meat into my complaint. Not that anything is really going to happen, probably a slap on the wrist is all they will get.

Since they dragged my name thru the mud. Thinking of contacting one of the local channels here. They do a thing on their news, where they try to help consumers being wronged by companies. Want to see if they want to do a piece on something like this. That would be cool.

 

[teflon_jones]

Glad to hear it! I told you your insurance company would take care of it!

 

[nanaII]

That is GREAT!

I am so glad everything worked out! It's too bad you had to go through all of the aggravation, though.

 

[RolandOne]

Ya, they took care of it! And fast too, wish I had known about it sooner. You live and learn. As soon as get those letters, see if I can put a little aggravation their way. hehe

Told some other people about this forum. I'm usually on Linux forums only, but going to add this one to my list. Might be able to help some others out.