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Attempted car to run over me.

Discussion in 'Automobile & Car Insurance' started by jrdnoland, Feb 6, 2021.

  1. jrdnoland

    jrdnoland Law Topic Starter New Member

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    Jurisdiction:
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    My sister tried to run me over with her car. My mother and I have been working to get her evicted from my mothers house. She already has a few theft rulings against her. She stole my brothers car parts, and I jumped behind her to and yelled at her to return the parts. She then attempted to run me over, as this was in progress I hit her car with my fists. Now my car insurance agent has received a claim from her wanting me to pay for her damage. The police report clearly states that I didn't hit her car until she was in the process of running me over.

    Should I have to pay for something that she brought on herself?
     
  2. Disabled Vet

    Disabled Vet Well-Known Member

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    Yes.. You shouldn't act like law enforcement. You got in her way and beat her car.
     
  3. jrdnoland

    jrdnoland Law Topic Starter New Member

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    I hit her car in response to her trying to run me over. Granted I shouldn't have been behind her car but that doesn't give her the right to run me over, does it?
     
  4. adjusterjack

    adjusterjack Super Moderator

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    Wanting and getting are two different things. Make sure your agent reports it to the claims department.

    Maybe, maybe not. Once the claims department assigns a claim rep, talk to him/her about the circumstances. I can see that a case might be made for a denial if the claim rep is convinced that you acted in self defense. On the other hand, it could be denied under the intentional act exclusion.

    Either way if your insurance denies the claim, she can still sue you for the damage.
     
    shadowbunny likes this.
  5. mightymoose

    mightymoose Moderator

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    You admit that you struck the car. Why would you not be responsible for the damage you caused?

    Now, has she actually run you over and dented her bumper in the iris then you would not be responsible for that.

    You are responsible for your own actions though. Deliberately putting yourself in the path of a vehicle and saying the driver tried to run you over isn't honest. You would not have had opportunity to strike the vehicle if this was true.

    You and your mother may have success obtaining a restraining order that would compel your sister to stay away and immediately move out. You might look in to that.
     
  6. army judge

    army judge Super Moderator

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    Have you considered whether the driver of the car could see you?

    Was anyone, other than the car driver and you, present during the alleged incident?

    How do the witnesses, if any, tell the tale?

    Is this merely a she said, she said tale of woe?
     
  7. jrdnoland

    jrdnoland Law Topic Starter New Member

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    My mother did get a protection order against her, because later she pulled a gun on me and left threatening voice mails.
    She knew I was there she tried to run me over we had several witnesses respond to the police department about it. The police report shows that I only hit her car after she started backing up into me.
     
  8. jrdnoland

    jrdnoland Law Topic Starter New Member

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    My sister is a known thief, I got behind her car she wasn't moving at that point, the car wasn't even running. She stole something precious from my brother who had passed away a few weeks prior to this.
     
  9. army judge

    army judge Super Moderator

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    The more you reveal, the more you damage any defense you may have.

    You DO have the RIGHT to remain silent, and the RIGHT to a court appointed attorney (if your finances are such that one is authorized by your state).

    I suggest you now run silent, run dark, and dive deep.

    If the police do come calling, simply say the following, "I wish to use my right to remains silent. I also wish to have a lawyer appointed to represent me."

    It is okay to reveal your name, date of birth, gender, height, weight, ethnicity, etc...

    DON'T discuss any aspect of the case, or offer any explanations.

    If the questions turn to anything to do with the night/day/incident simply repeat the phrase I gave you above, and this very clever law professor discusses below:

     
  10. mightymoose

    mightymoose Moderator

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    Your problem is that you willingly put yourself in the way of the vehicle.

    The protection order should resolve the problem... Follow through with a full restraining order that forces her from the home. Report every single violation.
     
  11. Zigner

    Zigner Well-Known Member

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    Your attempt at preventing her from leaving could be viewed as illegal in and of itself.
     
  12. zddoodah

    zddoodah Well-Known Member

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    Brilliant.

    I would imagine that the claim that the auto insurance agent received was for your auto liability insurer to pay, not for you to pay. Regardless, since you weren't driving, your auto insurance is not in play, and any claim should be denied.

    Did the police officer who wrote this report witness what happened? If not, then I suspect what the report says is that you claim this is what happened. Someone who did not witness the incident obviously has no idea what actually happened.

    No intelligent person would try to assess such a question with only one person's story.
     

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