Lady hit me, her fault, now she is trying to file a suit against me

[creative3]

About a month ago a lady rear ended me. The damage was slight for both her car and mine so I did not file a police report. She was in a rush so we just exchanged phone numbers and I offered to fix her car because I did not want any chance of my premium going up and I wouldn't think she would too.

A week later she keeps calling me and I call back and leave a messaging saying possiblities on how I could fix her car. Then she calls back asking me to fork up 1,500 to take her car to the shop??!!

Apparently this was not going to work out so we just let our insurance companies settle this.... Turns out both of our stories are different; She says I reversed in to her when she really hit me.

So she calls me and says she is going to file a law suit against me because she has the recording of me saying I could go to the junkyard grab parts and fix her car.


All I wanted to know is if she has a case?
What are the chances of her winning the suit?
What steps should I take?

 

[Duranie]

If she rear ended you then she is at fault and stop communicating with her. Was your car damaged at all? Let her sue her, she has almost no chance of winning if she rear ended you. Next time get a police report. Also you can counter sue her for damages to your car.

 

[creative3]

My car had little damage, just tiny scratches of paint thats why I did not file an insurance claim. She is trying to prove that it was my fault when the insurance company said it was her fault. It's like asking the court to do the re-do the insurance company's job. Today she left a voice mail saying shes going to file a suit on me.

 

[dee_dub]

Duranie is correct - if you were not at fault, let her try to sue you. I am less sanguine about your court case. Your facts are confusing.

She could sue you for not fulfilling your offer to fix her car. She may not win. What did you get out of the deal? If it was a bare promise, you're entitled to rescind. Why did you promise it in the first place? Whose fault WAS it? And why didn't you fulfill your offer?

Whose car was it? You mention "his car", and "him", when it was a woman driving it.

The fact that you "have a witness" doesn't mean she was at fault - that will be determined by whatever testimony the witness gives.

 

[creative3]

I mistakenly put his, sorry about that. I said I would help her fix her car but then she decided to turn it over to the insurance company. The company found her to be at fault but now she is trying to take me to court for it.

 

[creative3]

I did not get anything out of the deal really, just self satisfaction and more hope of us not going through the insurance company but we did anyway.

 

[dee_dub]

Stick with Duranie's advice, then. Ignore her unless and until she files suit. My two cents: she's bluffing, and if she's for real, she has no chance.

 

[creative3]

Stick with Duranie's advice, then. Ignore her unless and until she files suit. My two cents: she's bluffing, and if she's for real, she has no chance.

Yeah I think shes bluffing too, You should give her those two cents because she has no sense.

 

[ndragon]

If her insurance company denied her claim because she was at fault, see if you can get a copy of their report. If she takes you to court, show the judge that even her insurance company placed the fault on her and you shouldn't owe her anything.
As far as the supposed taped confession; I doubt the judge will even allow that as evidence in this type of case.
Call her bluff. Tell her to sue you or leave you alone.

-Nick