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  #1  
Old 03-31-2006, 12:36 AM
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Join Date: Mar 2006
Posts: 2

Retained firm trying to recover funds...


What is the name of your state? Florida

Hey there. My girlfriend and I have a bit of an issue we are trying to get some information on concerning a letter we received in the mail recently. First though, the back story.

On Jan 3rd '06, my girlfriend was in her car with a friend. They were driving out of a parking lot and across a road running perpendicular to themselves. They did the smart thing of stopping, looking both ways and then proceeding to drive across once seeing that it was safe. To their right down that road was an intersection with a traffic light. Whilst they were crossing this road, a truck came around the corner with the traffic light at high (enough) speeds...apparently trying to make the red light. The gentleman whom ran the red light ended up clipping the back bumper of my girlfriend's car just as she was driving across the road he had turned onto.

Now...my girlfriend at that time had no insurance on her car, which is not very intelligent to begin with. However, according to her, her friend and the gentleman whom struck them...it was obviously his fault for trying to make the light and not paying attention. The police were not contacted, hence no report. The gentleman's insurance company was contacted immediately and he clearly stated to them that he was trying to make the light, came around the corner and struck a car. No mention was made of having to pay for anything from anyone. He seemed pleasant and understanding and my girlfriend was simply grateful to not have the authorities involved. After he got off the phone with his insurance company, everyone went got in their cars and went about their business.

Just this week, a letter dated 3-23-06 arrives in the mail from Norych and Tallis LLP, a firm claiming to have been retained by the gentleman's insurance company. I'll edit out what may be the more personal or confidential parts. In reads as follows:

RE: Claim of Auto Club South Ins. Co. a/s/o <Gentleman's Name>
Date of Loss - January 3, 2006
Amount of Loss - $2,393.96
Our File No: XX-XXXX

Dear Ms. <Girlfriend's Name>:

This firm was retained by Auto Club South Ins. So. to recover money it paid to or on behalf or its insured, <Gentleman's Name>, for the loss which occured on the above referenced date.

This loss was caused by the negligence of yourself, your agents or employees. If you are insured, kindly refer this to your insurance company immediately. Otherwise, please call this office at (XXX) XXX-XXXX to discuss this matter. You may also use the enclosed self-addressed envelope to make payment directly to our office. Your checks should be made payable to NORYCH AND TALLIS as attorneys for Auto Club South Ins. Co.. Please note that we also accept payment with major credit cards and/or debit cards.

Failing to hear from you or your insurance company, we will take whatever steps are legally necessary to protect our client's rights.

Very truly yours,


Now...my girlfriend and I have always been under the impression that regardless of insurance converage...if a driver is at fault, then that individual and/or their insurance company is solely responsible for any damages and costs thereof. It seems very strange to us that we have received a letter of this nature and are simply wondering of the validity of these claims by the firm. I am hesitant to contact them immediately without first gaining some information from an outside source since I am relatively certain that they'll tell us whatever they need inorder to simply get the money. However, if that is what it comes down to, then it will be handled accordingly.

If anyone can provide any information or advice regarding matters of this nature it would be greatly appreciated.
  #2  
Old 03-31-2006, 10:32 AM
Senior Member
 
Join Date: Feb 2006
Location: Philadelphia, PA
Posts: 17,789
Basically, they're saying that the accident was her fault and she has to pay for his damages. From your description of the accident, I'm not sure if that's correct. She might want to consult with a lawyer to see if an objective (and educated) party believes her to be at fault. She might even be able to get a consultation for free from a local legal aid service. If it WAS her fault, then she will have to pay; she's liable for his damages and since she didn't have insurance, it comes out of her pocket. (I hope she has insurance now!) If it was NOT her fault, then she can fight them and in fact make them pay for HER damages; the lawyer can give her some ideas on how to go about it.
  #3  
Old 03-31-2006, 05:18 PM
Junior Member
 
Join Date: Mar 2006
Posts: 2
I spoke with the gentleman's insurance company this morning and they said that they had a statement from my girlfriend in which she claimed responsibility for the accident. I asked them if they could read the transcripts or replay that call for us and they very firmly denied that request. The claims agent said that the only way to release the transcripts would be to escalate the issue to court.

From the law firm that the letter came from...I learned that the claim is now stating that my girlfriend pulled out in front of him. So, it looks like either the gentleman or the insurance company altered the situation to point the fingers back at us.

  #4  
Old 04-01-2006, 03:17 PM
Senior Member
 
Join Date: Oct 2001
Location: california
Posts: 7,789
"they had a statement from my girlfriend in which she claimed responsibility for the accident. "

Did she? If she did make a statement have her contact the adjuster and request a copy of her statement.
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