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I am bewildered with small claims

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ElGenio

Guest
What is the name of your state? TX

Mine is lengthy, so please bare with me.
About a month I go, I rear ended a woman. From what I saw, I only broke her right tail light. She got my insurance information and driver license info and we went our seperate ways. A week later she contacts me giving me her estimate of about $1400, which included car rental for 5 days and damages to the vehicle which remain unknown to me. To make a long story short, my insurance, or should I say my mother's insurance, said they wouldn't cover the damages in the accident not because my name wasn't on the insurance, but because my mother had previously signed a form that would exclude me from being covered at all would I ever be in an accident. To briefly explain this previous sentence, my mother took me out of the insurance policy to save well over $1000 every 6 months. Besides saving money, if I were ever in an accident it would be covered by mother's insurance being that I am a third party driver, but in this case, being a third party driver really didn't matter since my mother had signed that form. Now, a month after the accident, the woman I rear-ended is threatning to take me to small claims. It turns out that she didn't wait at all to let the claim go through and paid the damages herself, or maybe it was the insurance. I've got several questions and concerns. 1) What am I to expect if she does go through with the threat (i.e. damages, attorney fees, court fees, length of time dealing with this matter, etc)? 2) Neither of us has any proof of the damages that occured that day, except for my cracked bumper, which brings to mind the possibility that she already had prior damages to her car and this accident would serve as a method of fixing them. This is the only thing that would explain her excessively high estimate for a broken taillight. Can I do anything about this? 3) My mother only speaks spanish. The form that would exlude me from the insurance was in english. Meaning that what my mother had to sign had to be translated to her by the insurance agency. From what my mother tells me, she was told that she had to sign a form "in order to take me out of the insurace policy," and never being told that by signing that form, it would completely exclude me from any type of coverage if I would ever use her vehicles. Can I take any action against the insurance agency? 4) Finally, I'd hate to be the type of person that would cheat somebody from money that is owed to them, so I will not do it. I admit to being at fault, but I still can't except the amount of damage to her vehicle, especially when from what I can remember, the vehicle would probably not even be worth twice the amount of damages. I am currently unemployed since I just finished my freshman year in college and didn't have any oppurtunity to work. Plus, I've got nothing in my name, being that I am only 19 years old. So my question here is, what can I expect to result from all this if she were to take me to court? Could my mother be in trouble in any manner? Would it be worth it to her to take any action at all? and finally, What would be the best advice you can give me in what steps I should take to handle this situation. Thanks alot for reading through all this and I apologize for any unecessary information. Thanks again.
 


stephenk

Senior Member
did your mom ever tell you that you were "taken off of her policy"? Did she give you permission to drive her car the day of the accident?

In any event, you are basically screwed. The other driver only has to show the repair estimate, proof she paid and you are stuck.

You may want to work out a settlement with her prior to trial.
 

JETX

Senior Member
Ignore both previous responses... especially 'sambo' as his is just a further example of his ignorance.

Here are the REAL answers to your problem:

"mother had previously signed a form that would exclude me from being covered at all would I ever be in an accident. To briefly explain this previous sentence, my mother took me out of the insurance policy to save well over $1000 every 6 months. Besides saving money, if I were ever in an accident it would be covered by mother's insurance being that I am a third party driver, but in this case, being a third party driver really didn't matter since my mother had signed that form.'
*** That is correct. A lot of people think that they have 'children' coverage even when they have agreed to exclude them.... and they are wrong. Simply, you are now considered 'self insured' when driving that vehicle and are personally liable for ANY accident you have in it.

"Now, a month after the accident, the woman I rear-ended is threatning to take me to small claims. It turns out that she didn't wait at all to let the claim go through and paid the damages herself, or maybe it was the insurance."
*** There is no obligation for the other (not at fault) driver to submit their claim to their insurance.

"1) What am I to expect if she does go through with the threat (i.e. damages, attorney fees, court fees, length of time dealing with this matter, etc)?"
*** You would expect to:
- be notified of the lawsuit.
- have to file an answer to the suit.
- appear in court at the time/date set by the court.
- present your 'defense' to the charges being made and to the amounts.
- pay the amount ordered by the court.

"2) Neither of us has any proof of the damages that occured that day, except for my cracked bumper, which brings to mind the possibility that she already had prior damages to her car and this accident would serve as a method of fixing them. This is the only thing that would explain her excessively high estimate for a broken taillight. Can I do anything about this?"
*** Of course. When you go to court, you present your defense against the claims made against you.... and the amount of the claims. You will have the opportunity to present your evidence that the accident did NOT cause the damages or amounts being claimed.

"3) My mother only speaks spanish. The form that would exlude me from the insurance was in english. Meaning that what my mother had to sign had to be translated to her by the insurance agency. From what my mother tells me, she was told that she had to sign a form "in order to take me out of the insurace policy," and never being told that by signing that form, it would completely exclude me from any type of coverage if I would ever use her vehicles. Can I take any action against the insurance agency?"
*** No. There is NO obligation for them to provide their letters to her in her native language..... and the obligation is on her to understand what she is signing. Not to mention that you have NO standing with the insurance company as to this issue.

"4) Finally, I'd hate to be the type of person that would cheat somebody from money that is owed to them, so I will not do it. I admit to being at fault, but I still can't except the amount of damage to her vehicle, especially when from what I can remember, the vehicle would probably not even be worth twice the amount of damages. I am currently unemployed since I just finished my freshman year in college and didn't have any oppurtunity to work. Plus, I've got nothing in my name, being that I am only 19 years old. So my question here is, what can I expect to result from all this if she were to take me to court?"
*** Based on your post, you should expect SOME amount of judgment against you. And that Texas judgment is good for 10 years, and renewable every 10 years until paid in full. And it also accrues interest!!

"Could my mother be in trouble in any manner?"
*** Yep. If the plaintiff is smart, she will also name your mother in her suit as she is (presumably) the owner of the vehicle.

"Would it be worth it to her to take any action at all?"
*** Obviously, no one here can answer that. I have seen lawsuits filed over $10.00.

"and finally, What would be the best advice you can give me in what steps I should take to handle this situation."
*** Review the damage estimates for the other car. See what you agree as to damages caused by you. Determine if the full FIVE days rental was solely to repair the damage you caused (or other previous damage). Contact the bodyshop she claims it was taken to to verify the work was done, for the price claimed and why it took five days. Then, with all that done, negotiate a settlement with the other driver for what is FAIR compensation for the damage you caused. Get a WRITTEN release at the time you pay the FAIR amount.
 
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ElGenio

Guest
Thanks

Just wanted to drop a thank you to all of you that helped out in answering my questions. I'm going to meet with the woman sometime today and I am definitely going to use the advice I recieved from here. Thanks. :D :D :D
 

JETX

Senior Member
You're welcome.... and good luck.
If you are able to settle this, get it in writing, including a full release from any future claims, and make sure she signs it.
 
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ElGenio

Guest
Burning question

OMG, I just spent the last 20-30 minutes putting up a reply to my post and it all got erased. Well, to sum up everything I said:
I met with the woman, agreed to give monthly payments of $100 until fully paid and how much I would pay would depend on what I could judge for myself that I am responsible for from an itemized statement.
Damages that I remember from the accident is only a broken taillight, so I see no reason why repairing her car would cost me $1400.
Anyway, at the moment I am not thinking clearly so I really can't come up with any questions.
I did receive a statement from the woman, but what she sent to me wasn't detailed. She sent me a receipt with a total of about $1200 from an Auto Repair place and another receipt that showed her car rental of $250 for 5 days and a cancelled check of the total. I got all this early this month, so obviously, I am moving very slow to cover my ass. I willl be contacting the car repair place sometime this week to ask for an Itemized statement and continue my investigation by calling the car rental place.
I guess that is it for now since as I mentioned earlier, I can't think clearly at the moment. If you notice that I left out something or forgot to bring up something, please point that out. Or, if you have any questions that I should of asked myself, please ask. Thanks
 

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