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False Claim?

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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.
 


S

shell007

Guest
There is also no proof that you "did not" cause the damages. It's your word against his. Unless you go to court, and a judge rules in your favor....it looks like you're guilty.
 

FightinJoe

Junior Member
it's actually my word and my girlfriend's word and my sister's word and our room mate's word against the insurance agency's word and their lawyer's word.
But given the fact that he filed a claim with her insurance agency before for an accident that didn't occur, it shows that he is either a doesn't want to have to pay for his own repairs, or will point the blame at the nearest available target. I don't know if that argument will hold up in court, though.

It's obvious that he's trying to screw me for absolutely no reason, but I don't know how to show this to the court and convince them that the claim is false.
 
S

shell007

Guest
I wonder if "helping him out with the damages" is an admission of guilt. Seems as though it might be. It's great that you are were being nice. I hope it does come back to bite you.
 

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