Sued for More Damage than I Did

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

On 1/1/04, driving an uninsured car, I caused the following accident: my car was stalled, then I started the engine and with less than five feet in which to accelerate, I bumped the left rear fender of a parked truck with no passengers, scratching the paint and possibly making a small dent. The owner approached and I gave him my contact information, but the police were not involved.

On 1/28 the truck owner e-mailed me an estimate for $2300. Without looking carefully at the estimate, I wrote back and profusely apologized, saying I couldn't pay because I was (and am) unemployed. John Doe said he was covered for uninsured motorists and would file a claim.

On 3/24 I received a bill from his insurance company for the full amount. Now that they were holding me responsible, I scrutinized the claim John Doe had sent me. It listed repairs or replacements for numerous parts which I'd come nowhere near hitting, including his left mirror, left handle, and left lock. Most peculiar was the inclusion of the left front headlight and front bumper, and what was listed as “RT NERF BAR,” at $400.00. Unless I had pushed his truck into another car or wall, which I did not, it would have been impossible for me to smash the entire left side of his truck, the front end, and the right side. (The only damage to my own car was a crack in the plastic cover of my right front turn signal.) I explained all of this in a letter to his insurance company and never heard from them again.

On 5/5/04 I was served papers; John Doe was suing me for $2198 plus court costs and attorney fees. I sent a registered letter to his attorney saying what I had said to his insurance company: that I could not possibly have damaged three sides of the truck.

Today, 6/28/04j, I received in the mail a settlement offer for $1,980--just $218 less than the original amount. I don't know how much damage I really caused, but I can be certain I didn't cause the $400 of damage to the right side of the truck, since I hit the left side, so I do not find this settlement acceptable. Because I disagree with it, I am required to go to court on 12/5/05--one and a half years from now.

My question is this: what do I have on my side in this case? It's my word against his, and John Doe had a friend with him who can lie and say that I did more damage than I really did. At first I thought I had it on my side that his insurance company refused to pay him--I thought that it was because I'd convinced them I couldn't have done that much damage--but on the settlement offer, the insurance company is listed as the plaintiff. (On the court schedule, the truck owner is listed as the plaintiff.)

If indeed his insurance company is siding with him against me, as it appears, why are they not paying for his damages? Isn't that what uninsured motorist coverage is for? I deeply regret having driven an uninsured car and don't expect other people to pay for my mistakes, but on the other hand, I think it's odd that all the money John Doe has paid for uninsured motorist coverage is going to waste.

Another question: I don't know what my financial situation will be in a year and a half, but right now, due to chronic illness, I cannot even pay my rent and am facing eviction. If the truck owner is able to prove in court that I owe him $2000 plus court costs, what will happen if I can't pay it? Will I be facing jail time?

Last of all, would it be in my interest to write to John Doe's lawyer again, reminding him of the physical impossibility of my hitting three sides of one truck? And would it help to send him bank statements proving that I've had no income for more than two months?

Thank you very much for reading this long question.

[stephenk]

First, did you ever file a written response with the court after you got served with the Summons and Complaint? Just sending a letter to the other attorney does not count as filing a response.

The other insurance company is suing you for reimbursement on the money they paid their insured to fix his truck.

If you have photos of your car showing the minor damage use them as part of your defense. You may want to copy them and send the copies to the other attorney.

You can always present an offer to the other side and request to make payments.

If you lose the case, a monetary judgment will be entered against you. You will not go to jail if you cant pay the judgment. Your wages could be garnished and any other allowable personal property could be attached and sold to pay off the judgment.

Thanks, stephenk! No, I did not file with the court when I first got served. The first time, no court date was set, and the summons said, "You must respond to the complaint by stating your defense in writing, and by serving a copy upon the person signing this summons." The person signing it was the lawyer, so that's who I responded to; it didn't say that I was required to file with the court. How do I determine the name and address of who to send my response to within the court system? And does it have to be in the form of a legal document, or just a business letter, like the one I sent the lawyer?

At first I thought the insurance company had already paid the truck owner, but the first summons I received, as well as the court schedule, gives the truck owner as the plaintiff, not the insurance company. Only the second summons gives the insurance company as the plaintiff, so I'm confused. Why is the truck owner even involved if the insurance company already paid him? Is it to see if I can prove that I wasn't at fault, in which case they'll ask him to pay them back?

I had thought of sending the lawyer a photo of the minimal damage done to my car, and I'm glad you agree; I'll do that.

Thank you SO very much for your time and attentiveness in reading my long post and answering it so thoroughly and politely. Could I trouble you once more to tell me how to file with the court? Thanks a million.

[stephenk]

you have to file your response with the civil clerk of the court where the original complaint was filed. The address of the court should be either on the complaint or the summons.

The response must be in the proper legal format required by Washington courts. You could go to the court and pay for the form "Response to Complaint" and fill in the blanks. You could also hire a paralegal or an attorney to fill one out for you. There are some self-help legal books that are very good. Nolo Press makes excellent books on representing yourself. You can find them at major book stores.

Also know that there is a filing fee for filing your Answer to the Complaint. You may want to ask the clerk for the forms on requesting a fee waiver if you qualify.

good luck.

Wow, you've been so helpful--I greatly appreciate it.

Now, I read every word of the complaint and of both summons, but nothing mentions that I need to file with the court; will anything bad happen if I don't? On the other hand, if I do, is there a chance that they'll settle this out of court and I won't have to appear? That would certainly make it worth the while.

Thank you, thank you.

[stephenk]

file your answer as soon as possible. The other side can file a request to enter a default against you. At that point you would have no way to defend the case and they could proceed to a judgment for the amount they claim on their complaint.

They warned that they could default in their favor if I didn't reply to the lawyer himself (which I did--immediately), but nowhere did the complaint or summons say that I had to file with the court. And since the court date is set for 12/5/05, wouldn't it be impossible for them to settle anything before then? Or are you saying that they can still file a request to enter a default against me at any time before the court date?

Two more things: if, on 12/5/05, the court determines that indeed I do not owe the full $2000 but merely, say, $500, will I still be responsible for court costs? Also, will the court costs be handled differently than the amount I allegedly owe to the truck owner (or his insurance company)? I do not want to pay what they're asking (even if I could) because I'm positive I didn't do $2000 worth of damage, but I'm afraid of what will happen if I incur huge court costs and can't pay those. I don't own any property (no car, electronics, jewelry, or sellable furniture) that can be sold to pay them off; can I be jailed for failure to pay the court costs?