FightinJoe
Junior Member
What is the name of your state? Massachussettes
There was three feet of snow coming down and we didn't have a shovel. I was trying to get my girlfriend's jeep out of it's parking spot because she had to leave in the morning and the storm was dying down. I was using a broom to move the snow and then rocking the jeep back and forth. My neighbor's car was parked directly behind the jeep, but there was a sizeable snow pile between the vehicles as he had already cleaned off his car.
Once I had gotten the jeep out of it's spot, I backed up to the road and forward again to just ahead of the parking spot, to ensure that it wouldn't get stuck again. I did this 2 or 3 times. Once i parallel parked the jeep, the owner of the other vehicle came from around a snow bank (i'd estimate the snow bank was between 5 and 6 feet tall) and accused me of hitting his car. He showed me a crack that was no more than 2 inches long inside the rear diver's side wheel well. It was obvious that the crack in the plastic body posed no threat of other damages to the vehicle. After further inspection, we agreed that there was no other damages. I contested that I did not cause the damages and had no recollection of hitting the vehicle, but did offer to help him repair the damages, as a neighborly gesture. The officer that the plaintiff called to the scene acted only as a mediator and did not file a report. Before this incident, the plaintiff had filed a claim with his insurance agency (Arbella) on an accident that did not occure, although my girlfriend's insurance agency paid the claim. The repairs reported in this claim are for over $800. The damages I was being accused of causing could not have amounted to so much, which leads me to believe that either more damages were repaired than could not have been caused in this incident, or other problems with the vehicle were fixed at the time the damages were repaired and I should not be responsible for them under any circumstances.
My question is:
Given that there is no proof that I caused the damages, as the police officer did not file a report (in my summons, the date of the accident isn't even exact, it reads "...accident occured on or about january 23rd..."), does the plaintiff have a case?
If, as a result of his previous false claim, it can be determined that my girlfriend's insurance rates have gone up, can we counter sue for the increase and have the rate returned to the amount it was at before the claim was paid?
Any proffessional advice would be greatly appreciated as I can't afford a small claims attorny and need to know as much as I can before I represent myself.
There was three feet of snow coming down and we didn't have a shovel. I was trying to get my girlfriend's jeep out of it's parking spot because she had to leave in the morning and the storm was dying down. I was using a broom to move the snow and then rocking the jeep back and forth. My neighbor's car was parked directly behind the jeep, but there was a sizeable snow pile between the vehicles as he had already cleaned off his car.
Once I had gotten the jeep out of it's spot, I backed up to the road and forward again to just ahead of the parking spot, to ensure that it wouldn't get stuck again. I did this 2 or 3 times. Once i parallel parked the jeep, the owner of the other vehicle came from around a snow bank (i'd estimate the snow bank was between 5 and 6 feet tall) and accused me of hitting his car. He showed me a crack that was no more than 2 inches long inside the rear diver's side wheel well. It was obvious that the crack in the plastic body posed no threat of other damages to the vehicle. After further inspection, we agreed that there was no other damages. I contested that I did not cause the damages and had no recollection of hitting the vehicle, but did offer to help him repair the damages, as a neighborly gesture. The officer that the plaintiff called to the scene acted only as a mediator and did not file a report. Before this incident, the plaintiff had filed a claim with his insurance agency (Arbella) on an accident that did not occure, although my girlfriend's insurance agency paid the claim. The repairs reported in this claim are for over $800. The damages I was being accused of causing could not have amounted to so much, which leads me to believe that either more damages were repaired than could not have been caused in this incident, or other problems with the vehicle were fixed at the time the damages were repaired and I should not be responsible for them under any circumstances.
My question is:
Given that there is no proof that I caused the damages, as the police officer did not file a report (in my summons, the date of the accident isn't even exact, it reads "...accident occured on or about january 23rd..."), does the plaintiff have a case?
If, as a result of his previous false claim, it can be determined that my girlfriend's insurance rates have gone up, can we counter sue for the increase and have the rate returned to the amount it was at before the claim was paid?
Any proffessional advice would be greatly appreciated as I can't afford a small claims attorny and need to know as much as I can before I represent myself.