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Victim of “Never-ending” EXTORTION Attempt by Autoinsurance Collection Agency

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Seeker2018

Junior Member
EXECUTIVE SUMMARY
D1 Driver, hit D2, fault at car accident, had car repaired unrelated to accident, rented car many days after accident, faked injury, fraudulently filed multiple claims for own gain
D1-INS Auto Insurance company for D1, by evidence knowingly paid all the fraudulent claims
D1-COLL Collection attorney, serving as plaintiff for D1-INS
D2 Driver, hit by D1, car insurance expired at that time, paid more than enough out of pocket to cover D1's car, victim of extortion attempt
D2-ATT Attorney for D2, Unable to stop continuous extortion attempt after one thousand dollars paid

This case is about “Never-ending Extortion Attempt” by D2-ATT over a minor auto accident of 12 years ago in which D1 was at fault. No one was injured. But D2 had expired auto insurance at that time and because of this, paid more than ‘enough’ to cover the minor damage. Then D1 filed multiple fraudulent claims (repaired many completely unrelated to the accident, car rental of many days after repair, fake injury). Ignoring its own assessed report, paid them all “knowingly” they were fraudulent, transferred the case to D1-COLL who then filed a civil lawsuit but without making any extra effort to inform of it to D2, despite of knowing D2 physical address (written in police report) , and kept it under his wraps for 9 years. Then finally, one day 9 long years later, D1-COLL had KY department of insurance to suspend D2’s driver license. That was when D2 learned of the lawsuit for the first time. D2 obtained court filing by D1-COLL and learned that there was tens of thousands of dollars against D2, including interest incurred over 9 years on top of payments to claims made by D1. In the filing, D2 verified payments were all “fraudulent,” conducted research in length, retained D2-ATT, provided all evidence possibly obtainable together with verifiable info , and requested to file motion to vacate. The case was vacated 3 years ago under the court of law. D2-ATT said to D2 that insurer would not come back. D2 believed it. Then 1 year ago or within 2 years after the case was vacated, D1-COLL refiled case. {Note: KY law allows plaintiff to file it within 2 years if injury was involved} { No injury in this case} To verify this, D2 contacted medical facilities named in the court filing, info from police report, requested info on nature of visit on record, proved that there was no physical injury, passed it on to D2-ATT.
produce evidence of injury. D2 paid another fee to D2-ATT to respond requesting D1-COLL to produce evidence of injury. D2 waited for 4 months to hear nothing. 7 months after refiling, D1-COLL now wants a deposition. Why it is necessary at this point? Attempt to file a new case?
Why can’t D1-INS swallow monetary loss caused by its own “Stupidity” – they knowingly paid all the fraudulent claims. D2 is not responsible for their stupidity.
 
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adjusterjack

Senior Member
There's no extortion. What the plaintiff is doing is legal and common.

D1's insurance company has a right (and a contractual obligation) to pay its insured's claims as it finds them appropriate despite your opinion as to their validity. Then it has a right to go after D2 for reimbursement.

The only "stupidity" I see here is D2 driving without insurance.
 

justalayman

Senior Member
The hospitals are legally prohibited from giving you any information regarding d1 therefor d2 could not have verified d1 sustained no injury from the hospital. The police would have nothing but the initial report. Whether an injury was reported st that time is meaningless.

Evidence of any injury will be available from the plaintiff. Claims made for damages due to the claimed injury must be supported by proof.


You should have filed a statute of limitations defense in your initial answer and sought summary dismissal. In responding to your motion to dismiss the plaintiff would have had to support the claim of injury which extended the statute of limitations (per your statement). If you failed to assert a sol defense, that is your fault and your loss. Now you get to defend yourself in court

The deposition would be concerning the current suit.

Why can’t D1-INS swallow monetary loss caused by its own “Stupidity” – they knowingly paid all the fraudulent claims.
. Because they don’t have to. They can seek recompense from the party that caused injury to their insured.
 

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