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Not found at fault, but now being sued...

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Asterix

Junior Member
What is the name of your state? Ohio

On or around Sept. 26th, 2005, I was pulling a left out of a gas station. Before entering the roadway, I looked both ways before proceeding and after deeming the turn clear I began to make my left. About 80% through the turn, I heard a screeching and saw a blue car hit the curb. I immediately pulled my vehicle into the nearest parking lot. He proceeded about 100 feet down the road and entered the same parking lot. I pulled up along side of his car and I asked if he was alright and what not. He stated that he was ok and that his car was kinda messed up, and since nothing was wrong with my car to go about my business. This kid pulled a left onto the roadway about 80 feet before the spot of incident. In that 80 feet he obtained enough speed to cause his car to skid when the brakes were applied. From what I know the speed limit of both the road he turned from is 35 MPH and road he turned onto is 25 MPH. I recieved a phone call from the local police department asking me to tell my side of the incident. The officer took my statement over the phone. He proceeded to state he would file this and most likely I would never hear about it again. This showed me confidence that I was not at fault nor could be found responsible. Today, I recieved a certified letter from this kid's father stating I was responsible and had to pay the four hundred and some odd dollars for him to replace his wheel and tire. I learned from a phone call to this guy several things. First off, he clouted that he is a patrolman with a bordering town. He said the only reason that I was not charged with a violation was because no police report was filed at the time of the incident. He told me further more that immediately after the incident his son called him and that he figured the damage was around $50.00 and he told his son not to worry about calling the incident into local law enforcement. If you are a cop who claims 26 years in law enforcement wouldn't you tell your 16 year old son to call the police no matter what? My main concern is that if the police report states that no fault can be determined because there were no witnesses, that there are conflicting stories, and no one was charged with any traffic violations; how can this guy think that he can take me to small claims court and win?
 


Asterix said:
What is the name of your state? Ohio

On or around Sept. 26th, 2005, I was pulling a left out of a gas station. Before entering the roadway, I looked both ways before proceeding and after deeming the turn clear I began to make my left. About 80% through the turn, I heard a screeching and saw a blue car hit the curb. I immediately pulled my vehicle into the nearest parking lot. He proceeded about 100 feet down the road and entered the same parking lot. I pulled up along side of his car and I asked if he was alright and what not. He stated that he was ok and that his car was kinda messed up, and since nothing was wrong with my car to go about my business. This kid pulled a left onto the roadway about 80 feet before the spot of incident. In that 80 feet he obtained enough speed to cause his car to skid when the brakes were applied. From what I know the speed limit of both the road he turned from is 35 MPH and road he turned onto is 25 MPH. I recieved a phone call from the local police department asking me to tell my side of the incident. The officer took my statement over the phone. He proceeded to state he would file this and most likely I would never hear about it again. This showed me confidence that I was not at fault nor could be found responsible. Today, I recieved a certified letter from this kid's father stating I was responsible and had to pay the four hundred and some odd dollars for him to replace his wheel and tire. I learned from a phone call to this guy several things. First off, he clouted that he is a patrolman with a bordering town. He said the only reason that I was not charged with a violation was because no police report was filed at the time of the incident. He told me further more that immediately after the incident his son called him and that he figured the damage was around $50.00 and he told his son not to worry about calling the incident into local law enforcement. If you are a cop who claims 26 years in law enforcement wouldn't you tell your 16 year old son to call the police no matter what? My main concern is that if the police report states that no fault can be determined because there were no witnesses, that there are conflicting stories, and no one was charged with any traffic violations; how can this guy think that he can take me to small claims court and win?
Tell the guy to go pound sand. He's trying to intimidate you into paying. If he feels you owe him something, let him take you to court and lose.
 

Asterix

Junior Member
Honestly, let's be frank. What are the chances that this guy can win anything in court? He told me that his son had to have his car fixed immediately, but he waited over 4 weeks to contact me. And even when he sent this letter to me, he only provided me with a estimate on damages. It has no dates and no proof of purchases. He claims his son already fixed the car, but I don't have any proof of that. I just feel that this cop is trying to pull a fast one on me thinking I'll just send him a check without putting up a fight.
 
Asterix said:
Honestly, let's be frank. What are the chances that this guy can win anything in court? He told me that his son had to have his car fixed immediately, but he waited over 4 weeks to contact me. And even when he sent this letter to me, he only provided me with a estimate on damages. It has no dates and no proof of purchases. He claims his son already fixed the car, but I don't have any proof of that. I just feel that this cop is trying to pull a fast one on me thinking I'll just send him a check without putting up a fight.
Anything can happen in court, but odds are he won't be successful. Did you get a copy of the police report? What does it say?

Do you even know if the guy is really a cop?
 

Asterix

Junior Member
Yes, I have a copy of the police report. It says word for word - Due to conflicting statements and lack of known witnesses, no causative factor can be determined. This hand written at the bottom of the report.

I am positive this guy is a Law Enforcement officer because I called the Police Department where he works and got his voice mail. I didn't leave a message though, just wanted to make sure he was telling the truth.
 

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