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Received unsubstantiated collections letter from someone else's insurance company.

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c1298

Junior Member
What is the name of your state (only U.S. law)? CA

While we were travelling out of state, we rented a car and one morning, my significant other, rear ended an SUV at a very slow speed, like 5 mph at a traffic light stop. Police was there and accident report has been taken. My SO took pictures of the accident damage. The pictures clearly show that the existing damage on the rear bumper of the SUV, is not caused by our vehicle, as there is no color of our vehicle (beige) on his SUV (navy blue) nor vice versa.

I have explained this to the insurance co when they first contacted us. Then send them, via USPS, printed pictures from the accident to prove my point. But since they paid the claim of the SUV owner, without knowing if it was caused by us or not, they are coming after my SO to pay a bill close to $2K. They sent us a collection letter. There was no courts involved in this case. It is just the Progressive Insurance, turning it over to this collection company.

I do not want this to stain the credit report of my SO, as what they paid out was caused by our vehicle. Yesterday, we have received a certified letter from the collection agency, asking for payment and now it is our turn to send back a certified letter and tell them that this is not our responsibility and we will not pay it, ever.

I am not sure how I can word a letter to tell them not to contact me regarding this matter any further and remove this collection notice from my SO's credit reports. I am thinking in the lines of something like that:


To whom it may concern
Ref: File Number here

I have received your letter dates such-and-such and per enclosed pictures, taken at the scene of the accident, there is no damage to the vehicle belonging to your insured party, caused by the vehicle I was driving at the time.. Hence, this claim has no merit.

I want you to remove this collection action from my record on any credit reporting agency you might have reported it to. Failing to comply will cause legal action against your company.

Sincerely.
Blah-Blah-Blah....
Enclosed: 4 photographs taken at the accident site.

Again, I am no lawyer or have any legal knowledge other than what I have heard on few consumer themed radio shows. Will such a letter hold water, in case they decide to play hardball and do not remove this from credit reports of my SO ?

Thank you in advance.
 


Zigner

Senior Member, Non-Attorney
Your letter will be (in no particular order) laughed at and tossed in the round file. Heck, you (your SO) didn't even demand that they cease contacting you. Of course, once that happens you can expect a lawsuit.
 

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