libel/filing false police report.

[WuWei]

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

First, thank you for the straight answers. Yes, I am now researching "privilage" and just what constitute it. As far as the police statement, it probably does constitute privilege even though it was false.

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.

Yes, this is true but she never said not to come to her work and instead she was teh one taht offered me where she works and when I and my insurance agent couldn't make contact with her by phone I came by once and she was "helpful" and cordial (now I know that she was giving me the run around). She never told me that she didn't want me to come to her work and never gave an indication of that. She just put up a huge act all of a sudden, started cring and telling others I was harrassing her. lol

Do you think the observers came away with the idea that you had been criminally harassing this woman?

Unfortunetly, yes.

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?

I doubt it because there was no "dispute" before. She didn't say it was a dispute but that I was harrassing her. She was cordial and cooperative with the questons I gave before. I just asked for her insurance number on wedn, she seemed to me to have made a reasonable excuse of why she didn't have it on her and to contact her later that night.

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.

I see. I will have to get the police report on Mon to see what was really said on it. If it does say that I was harrassing her on it, isn't filing such a fasle report illegal? Again, if she had given ANY indication that I was not welcome to her work place, I would have let the law take care of everthing. There is no motive for me to do keep going back to her work other than, from my perspective, to aviod legal hassels of litigation. I don't want to sue her if she had insurance.

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.

How can I ask her? She will not pick up the phone and I am not allowed to go to her work place (and neither do I want to). No, she will not just realize she will have to pay the damage since she already admitted to me that it was her fault and it is because she knows taht it's her fault (even though she has told everyone around her that it was my fault after she has admitted to it) that she put up this act. If she is willing to lie about everything else to avoid paying me, I am sure she is willing to lie to stay in this country if she really is illegal.

Good luck!

Thanks!

 

[JETX]

As already told to you.... SEVERAL times!!

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. Or for ANYONE making a claim that you were harassing her.... as is HER right!!

Got it?? Good!!

 

[meganproser]

I see. I will have to get the police report on Mon to see what was really said on it. If it does say that I was harrassing her on it, isn't filing such a fasle report illegal?

No. She was giving her “opinion” of your behavior and the cops would have immediately known whether or not your actions constituted harassment in the legal sense. Such a report would not harm your reputation.

How can I ask her?

Good point, lol.

Follow JETX’s instructions. You do not have a cause of action for defamation but JETX has given you instructions to pursue your claim from the accident itself. You will have to take her to small claims.

 

[ENASNI]

um

Poster child

I think since JETX is a lawyer

and Megan is a poser

You need to consult some one out side this forum... with the info you have from The Jet... and

Good luck

 

[meganproser]

Insane, I think if you had any CLUE regarding the issues presented by OP, you would know that JETX and I told OP the SAME THING.

What part of your post presented the OP with new information?

I think since JETX is a lawyer
and Megan is a poser
You need to consult some one out side this forum... with the info you have from The Jet... and

Maybe your screen name should be ENANI!

 

[ENASNI]

Oh Ouch

Insane, I think if you had any CLUE regarding the issues presented by OP, you would know that JETX and I told OP the SAME THING.

What part of your post presented the OP with new information?

I think since JETX is a lawyer
and Megan is a poser
You need to consult some one out side this forum... with the info you have from The Jet... and

Maybe your screen name should be ENANI!

I know you are but I don't care ...

and the spelling you were wishing for was inane

 

[meganproser]

Duh, yes, I spelled Inane backwards since that seems to be how you like your screen name.

You are not a very smart individual are you enani?

 

[WuWei]

Duh, yes, I spelled Inane backwards since that seems to be how you like your screen name.

You are not a very smart individual are you enani?

Please no flame wars on my thread. Ok, maybe just me and the other dude.

 

[meganproser]

LOL, nice to see you have a sense of humor WuWei!

 

[ENASNI]

Okay

Please no flame wars on my thread. Ok, maybe just me and the other dude.

Okay ....

 

[JETX]

Please no flame wars on my thread. Ok, maybe just me and the other dude.

I'm the Dude.... you're the dud.

 

[BelizeBreeze]

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.

And that's exactly what you got in the first response. You have absolutely no inherent rights to be on the business property without permission of the owner(s). Since they did not want you there, they have every right to ask you to leave, give you the boot, or ask the police to remove you.

Now, as for the accident, anyone ignorant enough to leave the scene without FULL information from the other party or without calling the police to file an IMMEDIATE report, deserves what they get.

 

[WuWei]

And that's exactly what you got in the first response. You have absolutely no inherent rights to be on the business property without permission of the owner(s). Since they did not want you there, they have every right to ask you to leave, give you the boot, or ask the police to remove you.

Now, as for the accident, anyone ignorant enough to leave the scene without FULL information from the other party or without calling the police to file an IMMEDIATE report, deserves what they get.

Damn we got a lot of morons here. I thought I said only lawyers should answer?

1. How do I know that I need permission to go in to a department store? Think! Like I said, it was perfectly cordial in the first place and she was cooperative. I know they have a right to ask me to leave. That's not the point! I would have left if they did ask me to leave. Why is this difficult to understand?

2. I never said I had "inherent" rights to be anywhere. Got it? If asked to leave, I would have. I don't know how many times I have to say this.

3. Yes, I was naive enough to believe that she really did have insurance and should have made sure she gave me her insurance number, but I got her drivers licence number, licence plate # address, phone# etc etc.

4. I couldn't have filed an "immediate police report" . It happned in a parking lot, private property, so I needed to file by mail. A blue sheet etc.

Now, I will ask again to those that are not hijaking my thread with asinine comments. If I could prove in court that she maliciously accused me of harrasment and lied to her coworkers and police, I am justified in filing for defamation?

 

[cbg]

I thought I said only lawyers should answer?

I don't recall anyone appointing you the decision maker as to who gets to answer what threads.

If I could prove in court that she maliciously accused me of harrasment and lied to her coworkers and police, I am justified in filing for defamation?

No.

 

[JETX]

Wooowie.... understand:
As already told to you.... SEVERAL times!!

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. Or for ANYONE making a claim that you were harassing her.... as is HER right!!