Saturday, July 31, 2010

Need legal advice, insurance company small claims is after me. What to do?

The insurance company of a man whose fender I tapped one day while being blinded by the sun wants me to go to court and/or pay them $4,318. This amount is, as far as I'm concerned, completely arbitrary. I have not been told what the $4,318 was paying for. The man's insurance company found out that I was not at the time insured under my dad's car's insurance. The man in the accident never called me or contacted me for any expenses, until I got a summons from the lawyer of his insurance company pretending to be defending him. They actually had to pay out a personal claim and they hate it. Now they pass on the cost of their frivolous mystery invoice to me as if I would understand the necessity of their claim. They really must explain something of those costs to me sometime. My question is this, how do I legally tell them where to stick it?Need legal advice, insurance company small claims is after me. What to do?
You can legally tell them to 'stick it' in a court of law but be warned: insurance companies do not play games. If you are stupid enough to actually go to court over $4K then be prepared to be eaten alive by the insurer's lawyer and the judge. You have every right to see the paperwork associated with the cost of the claim they are requesting but don't be too shocked at what you find. A trip to the ER, with NO injuries will cost in excess of $2,500 after exams, MRI and x-rays. Why don't you try being reasonable and contact the insurer and discuss a settlement before you find yourself before a judge. If you get a judgment against against you and don't make the payments you will be in contempt and your assets will be seized, sold and you will face heavy fines.


Dude, it just ain't worth it..... don't you have your own insurance for this???Need legal advice, insurance company small claims is after me. What to do?
The amount may not be arbirtary--5k in your state may require an apperance in a higher court--with higher standards of proff required. It is often much easier to sue for 4k than 5k for this reason.





Also, did you have any insurance at all? This is tough because a lawyer could help you, but if you lose, you have to pay the lawyer and the 4k. If you are under 18, I would think that they would have to go after your father. I don't think anything can stick on your credit record until you are 18. You could buy one hour of time from a lawyer who deals with accidents for like 60 bucks. This might be the best way to see where to go before paying out hundreds or thousands. Hope this helps





Also, if it is more than 7 years, they can't do anything to you. If it is less, they will ruin your credit.
Well unless you have your own legal representation, there isn't a whole lot you can do to tell them where to stick it. If you can't hire a lawyer, contact the insurance company and demand they give you an itemized list of costs. It's probably for repair and rental. If they are insisting you have to pay the bill, then you have the right to know what you're paying for. They will accept a payment plan.

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