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car accident, scratch on bumber, lady trying to get $15000.... please help

Discussion in 'Auto Accidents, Injuries' started by utkpt, Dec 10, 2004.

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  1. utkpt

    utkpt Law Topic Starter New Member

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    My friend, he was in a car accident two years ago. A lady cut her off and he reared her bumber. They exchanged license and that was it. The lady said he was at fault, but he denied it. He told her to stay and wait while he called the police. The lady just drove off, and did not saying anything. She went home and told her insurance that he hit her. her insurance company tried to get money from him, but he told them that he was not at fault, due to the reasons that the lady cut him off, her kid was not seatbell, and ran off when he tried to call the police.

    he offered to fix her bumber, which is only a scratch, in good faith. however, again, she refused to let him. all she wanted was money. he wrote a letter to the lady's insurance company explaining the situtation, and it seemed that the insurance company accepted his explaination because they sent both of them letter stating that he denied he was at fault.

    to make a long story short, It has been two years now and nothing was said after the insurance company sent the letters out. he recently bought a house, and he recieved a letter from her lawyer stating that he is being sued for $15,000. He doesn't know what to do. I think this is a joke because of a scratch, she wants $15,000? this is a 1995 corolla by the way. Her lawyer states that it's due to wage loss, injury (there weren't any at the time), property damage (a scratch a finger long). she trying to make money. is there anyway I can help him?

    What can he do to stop her and how can he defend himself. what is the statue of limitation for car accidences in california? and can they take money from his house? please help him. He is a very nice guy. It hurts me to see him going through this. thank you every one. god bless you.
     
  2. NYClex

    NYClex New Member

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    he should contact his car liability insurance company. Usually they will defend him against unreasonable claims.
     
  3. utkpt

    utkpt Law Topic Starter New Member

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    I accidently posted the same message twice.... oops.
     
    Last edited: Dec 12, 2004
  4. utkpt

    utkpt Law Topic Starter New Member

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    two more Questions

    thank you everyone! I told my friend about what you guys have said and he is soo greatful.

    He ask, when the accident occured, he and that lady did not trade insurance. So when he told his insurance agent, she told him not to worry and not to open a case because he would make his insurance payment go up. So they didn't open a case. It has been two years now, is his insurance company is liable to help him?

    when he talked to his new agent, they said because he didn't opened a case they can't help him. After he told them that he did talked to the old agency owner (she sold the business to someone else) but she said not to do anything, that's only when they said they'll call up to the main branch to ask if they're still liable. What are your opinions. please help us to understand the law, so they can't pull a fast one on him. he has never missed an insurance payment or discontinue the service at anytime.

    thanks again everyone. I love you guys.
     
  5. NYClex

    NYClex New Member

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    I cannot answer this without knowing his insurance contract. It might be that there is a provision that he has to file a claim within a certain time. But since they only filed a claim against him now, he might be able to bargain with his insurance. A good and trustworthy agent can be of great help in such a case.
     

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