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Old 05-21-2019, 10:20 AM
 
Location: NJ
24,129 posts, read 30,238,375 times
Reputation: 16019

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Quote:
Originally Posted by momtrynasurvive View Post
Yes I'm absolutely sure no one's listed at fault on the police report. The cop didn't issue any tickets and stated, let the insurance figure it out. YES I HAVE LICENSE!!!

I was the only person injured in the accident (fractured my arm) yes there was significant damage done to the rental car. It was totaled. Let me be clear the other drive HIT ME!!!!! I have been trying to find and attorney to take my case but its been over a year since this happened and thought everything was fine. The rental car was covered and fixed, so really don't understand why I'm being sued.
sounds like you better call saul!

 
Old 05-21-2019, 10:26 AM
 
Location: Somewhere in USA
582 posts, read 495,884 times
Reputation: 532
OP -- The answer to your question on why they are going after you even after a year or years of the accident is simple, to recoup the loss that the insurance paid to repair the rental car(s). I try to never assume anything in life, it puts myself in a predicament situation.



This is a serious issue and a teaching moment for sure. Definitely seek for a lawyer to support you. Any cost to have one will definitely better than none at this point.


good luck...you will need it.
 
Old 05-21-2019, 10:53 AM
 
Location: Riding a rock floating through space
1,857 posts, read 548,038 times
Reputation: 4711
Quote:
Originally Posted by ameridreamNoT View Post
OP -- The answer to your question on why they are going after you even after a year or years of the accident is simple, to recoup the loss that the insurance paid to repair the rental car(s). I try to never assume anything in life, it puts myself in a predicament situation.



This is a serious issue and a teaching moment for sure. Definitely seek for a lawyer to support you. Any cost to have one will definitely better than none at this point.


good luck...you will need it.
He doesn't have money for a lawyer. Why do people on this forum so often offer advice that doesn't fit the facts as posted? And besides, all a lawyer is going to be able to do here is try to settle, and if the op doesn't have money for a lawyer he's not going to have money to settle this claim either. Sounds like the op may be judgement proof, if so the insurance company is wasting it's time and merely pushing someone into bad credit or a bankruptcy.
 
Old 05-21-2019, 11:07 AM
 
Location: Somewhere in USA
582 posts, read 495,884 times
Reputation: 532
Quote:
Originally Posted by duke944 View Post
He doesn't have money for a lawyer. Why do people on this forum so often offer advice that doesn't fit the facts as posted? And besides, all a lawyer is going to be able to do here is try to settle, and if the op doesn't have money for a lawyer he's not going to have money to settle this claim either. Sounds like the op may be judgement proof, if so the insurance company is wasting it's time and merely pushing someone into bad credit or a bankruptcy.

Well...depending on state law, if OP is working, there are ways the claimant can go after...that's why regardless of afford or not, a good consultation won't hurt a try.
 
Old 05-21-2019, 11:08 AM
 
12,284 posts, read 18,401,528 times
Reputation: 19122
Filing in the blanks here - my guess is that OP got some emails from insurance company asking to pay for damages a year or so ago, and ignored each one in the hope that it would just dissapear. Of course he or she won't admit it here. It takes time - but they catch up.

I had the same situation in reverse. I hit a car that so blatantly pulled in front of me that it was obviously the other persons fault. Caused some vehicle damage. Owner admitted guilt at the scene. We didn't call the police but exchanged vehicle information. Got an estimate and contacted other vehicle driver to arrange payment. Of course, now she refused to even accept my calls. Hung up on me, etc. Sent registered letter, no response.
But then - I sent her a letter to appear in court, with witnesses. The police did this for me - served her with a summons. Probably scared the heck out of her to have a police officer visit her in person, probably at work in front of her coworkers. I wish I was there to see it. Only then did she respond, and payed full amount.

OP - The wheels of justice are slow, but now you are facing it. OP you are screwed.
 
Old 05-21-2019, 11:48 AM
 
Location: Denver CO
21,173 posts, read 11,774,111 times
Reputation: 32173
Quote:
Originally Posted by emm74 View Post
Who was the renter of the car? Were they present at the time of the accident? Did they report the accident to the rental car company and to their own insurance company if they had one?

Now, it's possible that even if that was done, they will not provide coverage to you as a non-authorized driver. But they might, so that's the first step - to check with whoever rented the car, presumably a relative or friend of yours, and get connected with whoever has been handling the claim so far. The law says that the duty to defend (meaning hire a lawyer on your behalf, to handle the law suit) is broader than the duty to indemnify (meaning to pay out any claim or judgement against you) so you might still at least be able to have access to an attorney to help you figure all of this out.

If none of this works, you could call the local bar association and ask them for a referral. Most of them have a program where you should be able to at least have an initial consultation with a lawyer for free. They will be able to get some more specifics from you and help give you some guidance on what courses of action might be available to you - and as someone else noted, to some extent, that does depend on whether you have any assets to protect.

But yes, as a Public Service Announcement, no one should drive a car without some kind of insurance, whether that's a personal policy, or it's knowing for sure you are covered as an authorized driver of someone else's car, whether they own or rent it.
I'm quoting my own post again, because you've gotten some good advice but a lot of bad information as well.

OP, you aren't my client, and I'm not giving you legal advice. But I am a lawyer who isn't in that field any longer but who has previously worked for almost 2 decades as an insurance defense and coverage attorney.
 
Old 05-21-2019, 12:05 PM
 
Location: Aurora Denveralis
8,596 posts, read 3,026,483 times
Reputation: 12839
Quote:
Originally Posted by don1945 View Post
I guess you had to be there to understand the context.
Well, I was there. I disagree with many people on this forum, more on topic issues than political bent, but I continue to be dismayed how an utterly unpolitical thread has to have polarization applied to it... even if in jest. There are too many people whose first filter on any topic at all is its color spectrum.
 
Old 05-21-2019, 12:06 PM
 
9,426 posts, read 7,080,103 times
Reputation: 12192
Quote:
Originally Posted by duke944 View Post
He doesn't have money for a lawyer. Why do people on this forum so often offer advice that doesn't fit the facts as posted? And besides, all a lawyer is going to be able to do here is try to settle, and if the op doesn't have money for a lawyer he's not going to have money to settle this claim either. Sounds like the op may be judgement proof, if so the insurance company is wasting it's time and merely pushing someone into bad credit or a bankruptcy.

At times, and I believe this to be one of them.. It doesn't matter that they don't have money for a lawyer. They need one.

Find a free legal clinic or something. I doubt there's any way they can escape needing a lawyer. I mean, they can ignore everything and it'll probably wind up worse.

But there's lots here that's confusing. How did the rental car get repaired? If we're going with the assumption that whoever rented the car had insurance, and their insurance covered the damages to the rental car.. Or that somehow they had gotten the CDW and even though OP wasn't listed as a driver, it covered the damages.. Ok.. That explains that part.

Now, the other party's insurance is attempting to recoup the money they paid out. There's so much we don't know.. Such as the circumstances of the accident. OP is saying she(?) doesn't feel she was at fault.. Well, that's wonderful for her.. It may have little to do with reality. Friend of mine back in the day was behind a truck that had lumber fall off the back of it.. He swerved to miss the lumber and sideswiped a car. he didn't feel he was at fault.. But.. legally.. He was. Failure to maintain lane.


Had the truck that dropped the lumber stopped, then perhaps he would have wound up at fault overall for failing to secure the load. But.. At the end of the day.. He didn't stop, and the person driving beside my friend certainly wasn't at fault in any way. Well.. No fault other than being in the wrong place at the wrong time.
 
Old 05-21-2019, 12:14 PM
 
Location: NJ
10,680 posts, read 21,348,205 times
Reputation: 8855
Quote:
Originally Posted by momtrynasurvive View Post
Yes I'm absolutely sure no one's listed at fault on the police report. The cop didn't issue any tickets and stated, let the insurance figure it out. YES I HAVE LICENSE!!!

I was the only person injured in the accident (fractured my arm) yes there was significant damage done to the rental car. It was totaled. Let me be clear the other drive HIT ME!!!!! I have been trying to find and attorney to take my case but its been over a year since this happened and thought everything was fine. The rental car was covered and fixed, so really don't understand why I'm being sued.
I see you logged in a few hours ago, so I assume you're reading. Why don't you answer some of the questions so people can help you?

Find an accident attorney to sue the driver that hit you. They'll help you fight because that's how they get paid.
 
Old 05-21-2019, 12:33 PM
 
1,721 posts, read 577,123 times
Reputation: 2719
Yes, a lot of secrets but also a lot of statements believing he/she is correct. Hard to decipher.
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