libel/filing false police report.

[WuWei]

What is the name of your state? Texas


Hello, I was involved in an automobile accident a week ago in which someone hit my car while backing up. She was clearly at-fault. However, she had told me that she has insurance right after the crash and told me to call her later that day. But when I tried to contact later that day to get additional information such as her insurance #, she wasn't there and so I left a message.

I called her three days later and again, no one picked up the phone. I called her twice the next day and got someone to pick up but he only spoke spanish and I couldn't understand him. I called twice the next day too and also got a spanish only speaker. I had made a police report and sent it in (I had to mail it in because the accident happened on private property) and contacted my insurance people who had informed me taht they could not find her name insurred with her claimed insurance company.

Since the woman who had hit me told me where she works, I thought maybe I should go there and ask her what her insurance number was. I saw her there and asked her. She was cordial and cooprertative but told me that her mother had all the information in the car and that she would be back later that night at a certain time. I also asked for her phone # again just to make sure I had the right # and she gave it to me again. She told me that I could call her at that time and she would give the info to me. I said bye and left after about 1 minute of talking to her.

I called at the time specified but got the same spanish speaker who couldn't help me. I went back to her work place the next day to see what had happened. She looked at me and said that she had called the cops on me the night before and that the the cops had said to stop calling her. I never received any of that information the night before as no one contacted me. She also said taht I was "harrassing her" . At that point, I emmediatly knew what kind of a stunt she was now pulling. She obviously has no insurance (Later, I would varrify this to be true) and knew she was at fault and would need to pay me.

I told her that she was lying about me harrassing her and she started bursting into tears and making a HUGE scene at her work place (a crowded department store). She went to her boss and other co -workers and said that I was harrassing her right there and they called the cops. I waited for the cops as I was hoping that they would resolve everything and get me my info taht I would need.

The cops came and filed a police report and the manager said I had "criminal tresspassed". The cops said I was not allowed to go back or I'd be "arrested" and that I was a "disturbance" even though I never disturbed anyone and had only spoke to her the night before for a minute and that day for 20 secs. I simply refuted her lies about her accussing me of harrasment which I have a perfect right to do. I am trying to pick up the police report and I was wondering if I could sue her for slander or libel for filing this false police report accussing me of harrassment infront of her co-workers and other shoppers. Rememeber, she had never shown any sign that I was disturbing her before nor told me to stop calling her. If she had, I would have and would have gladly gotten a police escort to her house or something to get my info some other way. My insurance agent also infomred me taht she wasn't able to contact her and that the only insurance company with the name hse specified did not carry anyone by her last name.

If I could sue, what steps should I take to prepare?

Thanks

 

[JETX]

I am trying to pick up the police report and I was wondering if I could sue her for slander or libel for filing this false police report accussing me of harrassment infront of her co-workers and other shoppers.

You have no claim against her, or more accurately, the employer. You were presumably asked to leave and when you refused, the police were called.

 

[WuWei]

You have no claim against her, or more accurately, the employer. You were presumably asked to leave and when you refused, the police were called.

Um, no,...

I was never asked to leave. If I had, I would have. They never told me to go. They just said to themselves that tehy are calling the police. I said, go ahead they will clear it up.

Also, if you had read the post, I not suing her employer and especially not for their right to ban me from that work place. That is their right. They have a right to refuse service to anyone I guess, even though it is based on false allegations or their own emplyeees actions. I am asking if I have a right to sue for slander against her for falsely accussing me of harrassment which it was the case.

 

[JETX]

Um, no,...

Ummmm, yes.

I was never asked to leave. If I had, I would have. They never told me to go. They just said to themselves that tehy are calling the police. I said, go ahead they will clear it up.

That simply doesn't make any sense. They just looked at you and said "call the police"??
In any case, the bottom line is... you have NO claim of defamation for them (the employer) exercising their legal right.

 

[WuWei]

Ummmm, yes.


That simply doesn't make any sense. They just looked at you and said "call the police"??
QUOTE]

It "doesn't make sense" to whom? Her employee said to each other (didn't even say anything to me) to "call the cops." They didn't SAY A DAMN THING TO ME! Not a single uterance. That is, until I asked one of them if the police were coming and she said "yes". First, tehy had security guards, if a security guard had came up top me and said that I needed to leave and to get my info some other way, I would have. If a manager had said something to the effect that I needed to leave I would have. (Even though as I have already said, the disturbance was caused all by her, I would have gladly let the law carry its' course.) No one even look at me.

ACtually, during this disturbance, I actually feared leaving because I was afraid the cops would come and if I had left the scene, be accused of attempting to flee from the law as she would make accussations against me.

(please, only those who are knowledgeable in these types of cases and preferably literate reply)

Thanks.

 

[JETX]

(please, only those who are knowledgeable in these types of cases

Translation: I only want to hear from someone who agrees with me.

and preferably literate reply)

Your post had NINE grammatical and punctuation errors!!

 

[WuWei]

.....

No, translation: I want to hear from someone who is knowledgable and could read.



Example, if I had asked a question concerning whether it is advisable to sue an individual for defamation but instead got an "answer" regarding a seperate entity and its' "legal right" to do something else, I think I can make some logical conclusions about that person's reading competency.

 

[WuWei]

BTW, thanks for checking my grammar. If I want some advice on how to write in perfect English on an internet forum, (which I will never be anal enough to do), I will ask you.

 

[stephenk]

since you already made a claim with your insurance and were told by your carrier that they couldn't confirm she was insured, why did you feel the need to continue to contact her.

Once your carrier fixes your car they will go after her for reimbursement.

 

[WuWei]

since you already made a claim with your insurance and were told by your carrier that they couldn't confirm she was insured, why did you feel the need to continue to contact her.

Once your carrier fixes your car they will go after her for reimbursement.

Thanks for replying. Well, I wasn't sure if she or someone else (her mother for example) were under the insurance name. I just wanted the insurance number to clear it up. She said to call her at her home at a specific time and I did. Like before, she didn't pick up the phone. (I had never spoken with her on the phone). Also, I only have liability insurance. My insurance company will not pay me. I just wanted to make sure she did not have insurance before I sued her for damages to my car. I would very much have liked to avoid litigation and had her insurance comp take care of everything.

Here's a schedule of contact times and what was said:

Fri (Day of teh accident) She says that I may call her when she gets back that day. I called once and left a message.

I did not call her on Sat and Sun.

Mon: I called her twice but no one picked up the phone.

Tue: Called her twice again and spoke to someone on the last call that didn't know English so I just said "bye" after some embarassing langauge confusions.

Wedn. Called her once at home and once at work to see if I could get her info there. I was told that she would be in at some time. So since I happened to go by her work area, I stoped and went in and asked her. She told me to call her at her home later that night as her car and her insurance info was with her mom. I said ok, got her phone number again, and said bye. (conversation took about 1 minute)

I called her house at the specified time but got the snanish speaker again.

Thurs: I went in her work place again to see what happened. She didn't answer me so I asked her for her insurance number again. SHe immediatly told me that she had called the cops on me the night before because I had "harrassed" her. (I talked to her for about 20 sec this time) I said that she was lying (as I never harrased her and no one ever contacted me). She then burst into tears and told all her emplyees and boss that I am "harrassing her" with customers near. They immediatly called the cops without saying a word to me. The manager never spoke to me and just stood there (she was there and saw a lot of what happened) in fact, I didn't even know she was the manager until much later after the cops arived. I waited for th cops to show up.

Oh, also, is there a way to get security camera's video from the store she works in? I have a feeling taht in court, she might say that I did harras her. Or maybe her managaer would say that someone asked me to leave and I didn't leave so they had to call the cops on me. The video would show that 1. she was very cooperative on Wedn. 2. That no one ever asked me to leave. In fact, no one even looked at me (empoyees nor manager) and just said to each other "call the cops" after she put on her little act.

 

[JETX]

Let me try to help you understand.... one more time:
1) Go to your local small claims court and file a lawsuit against the other driver. Do NOT make any other attempts to contact her. Let the courts do it.
2) You have NO claim against her or her employer for them exercising their legal right to contact the police and remove you from their premises.
Got it?? Good!!

 

[WuWei]

Let me try to help you understand.... one more time:
1) Go to your local small claims court and file a lawsuit against the other driver. Do NOT make any other attempts to contact her. Let the courts do it.
2) You have NO claim against her or her employer for them exercising their legal right to contact the police and remove you from their premises.
Got it?? Good!!

Let me help you to understand a little more.

I am not suing her employer for their "right to contact the police" as stupid as that was, that's their right, I suppose.

I am suing HER for slander and defamation for lying about harrassing her. I never made any attempts to contact her after this incident. Got it???

Got it? That wasn't so hard is it?


Like i said, if I have a question on grammar usage on these boards, you're the first on the list of people I would ask for advice.

 

[JETX]

I am suing HER for slander and defamation for lying about harrassing her. I never made any attempts to contact her after this incident. Got it???

Yep. And as I have already said many, MANY times to you.... you have NO claim against her (or her employer).
But you certainly have the right to file your lawsuit.... after all, anyone can sue almost anyone else over almost anything.
Just don't be surprised when the court dismisses your case as without merit.

Got it? That wasn't so hard is it?

Like i said, if I have a question on grammar usage on these boards, you're the first on the list of people I would ask for advice.

You're the twit who raised the grammar/literate issue!!

 

[WuWei]

Yep. And as I have already said many, MANY times to you.... you have NO claim against her (or her employer).

No idiot, this is what you said "many times".

"You have no claim against her, or more accurately, the employer." and "In any case, the bottom line is... you have NO claim of defamation for them (the employer) exercising their legal right."

Now, someone please ban this moronic troll.

Someone, please if you are an attorney or knowledgble about this type of thing, please respond.

 

[meganproser]

WuWei...you cannot sue her for slander. Her statements to the police would probably be considered privileged, which protects her from liability for defamation.

Although there was a more public scene in the store, given the context of the scene, observers probably understood that she was objecting to you coming to see her at work. This is hardly the kind of allegation that would damage your reputation.

Do you think the observers came away with the idea that you had been criminally harassing this woman? Or would the reasonable observer have understood that the two of you had a dispute and that she was objecting to you bringing that dispute to her workplace?

Had she used the word “stalking” to describe your behavior, things might be different. Based upon what you’ve written though, she did nothing to give you a cause of action for defamation.

Are you sure she is in this country legally? Maybe you want to ask her about that and maybe she will suddenly realize she ought to pay for your damage.

Good luck!

PS JETX has almost 25,000 posts on this site. I'm thinking he has some standing here. You two have just had a little failure to communicate, no big thing.