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Please help me! please!

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A

Anew

Guest
What is the name of your state?What is the name of your state? CA

About 2 years ago I was in a minor accident- I wouldn't even call it an accident. I stepped on the brake too slow, and I hit the lady on the back of her car at about 1mph (OR less- I stopped before I hit her, just the motion forward, when one stops, is the only thing that hit her).

She complained about her neck (but she still bent down easily to check her car), she called the police, and the officer came to ALSO check her car. He said there was no damage done (my car did not even give the other car a scratch, it was that small of a "crash") unfortunately, my mom was on the passenger's seat, and I was driving with a permit, but the insurance refused to take action because i was "excluded" from the policy. So then I get calls from her insurance, and it seemed like they gave up, but every once in a while they will send letters on how much we owe (supposedly I did a 20,000 damage to her car).

I don't know what to do, because i recently got another letter, and with interest, I owe 23,000.... me and my mom have requested to see the damaged done (medical and the car as well), but they have not given us any papers, nor told us what we're responsible for. So i feel like if we paid (which we cannot do because we don't have that kind of money) it would be paying blindly. I'm afraid that when I finish college and start my career, and my family, it will come back to me, and might even take away my property or anything like that.
can anyone please help me? give me any advice I could use?

The police office did not write any reports (unfortunately) and I forgot to ask him for his name for future reference. I'm scared, and I'm confused, because to my mind, I didn't do any damage whatsoever to the lady, and still her company wants money from us.

I'd appreciate ANY help. Thank you so much.
 


stephenk

Senior Member
Are you just receiving letters or were you or your mom served with legal papers (Summons and Complaint)?

Did your mom know you were "excluded" from the policy? Who was your insurance carrier?
 
A

Anew

Guest
stephenk said:
Are you just receiving letters or were you or your mom served with legal papers (Summons and Complaint)?


Did your mom know you were "excluded" from the policy? Who was your insurance carrier?


-- my mom and I are just sent letters, the most recent one wasn't even signed, and there was no mark from an attorney or anything. We never got asked to court, only papers that asks us to resolve this as soon as possible by paying the 23,000 dolalrs.

-- my mom DID know that I was excluded (but I didn't) and my insurance is not very well known at all, I don't even know the name, I think it's Hawaiian insurance.. something...
 

thelizzy

Member
Sounds like someone's trying to pull a fast one on you. I'm not a lawyer, but if there isn't legal action taken, eff 'em. :D
 
A

Anew

Guest
thelizzy said:
Sounds like someone's trying to pull a fast one on you. I'm not a lawyer, but if there isn't legal action taken, eff 'em. :D

My mom and I have been trying to forget about the whole thing, but letters keeps coming to us, I'm just afraid that it'll hunt me in the future when I actually DO have money. This whole thing is so complicated, worst thing is that no one has had the same experience... no one (I know) crashes a car and does not even leave a scratch on it and gets asked for 20,000 bucks.. =( I'm so frustrated.
 

thelizzy

Member
So get your own lawyer and sue them FOR REAL for harrassment and fraudulent charges, or something like that. I don't know. Like I said, I'm not a lawyer, but if people are bugging the crap out of you and doing something you might think is
a) illegal
b) false
c) all of the above

you should take action to combat it.
 
A

Anew

Guest
NO lawyers want to help me, unfortunately...and the defense lawyers charge so much for a consultation ONLY... I do not have that kind of money =( sigh. :(
 

bubbly602

Member
this sounds bogus

If I was you, I would write the company (or person or agent or whoever) that is sending you these letters requesting proof of a court ordered judgement against you, as well as any proof of service notifying you that you were the defendant in a lawsuit. I would also ask why it took so long for either you or your Mom to receive anything. If you do this, send it certified mail with a receipt, so you have proof that you did. If they cannot prove that someone took you to court for this, I'd have to say they're just trying to get money or something. You also might check into whether or not your county court system holds any pro se clinics. They're usually on weeknights, and they usually have lawyers there who will answer questions free of charge. Good luck.
 

stephenk

Senior Member
The insurance company has 3 years from the date they paid their insured for the property damage, to file suit against you. Are you sure the $23000 is only for property damage? The other driver may have made an injury claim and her carrier paid for personal injury under her uninsured motorist coverage.

In any event, do not respond to the letters unless you are willing to enter into some kind of settlement negotiations. It seems they are just being sent automatically from their computer system.

the only time you will really need to worry is if you or your mom are served with legal papers.
 
A

Anew

Guest
I heard about the statue of limitation, is that what you're talking about? Because I did some research, and it said that in California, I cannot be sued for it after 2 years...but I'm not completely sure about this. Was this what you were talking about?
 

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