off road vehicle collision

fish3star

New Member
Jurisdiction
California


I was involved in a minor accident in the Imperial Sand Dunes.


The 2nd party has insurance and I do not.


there was no official report or investigation made to or by the authorities.


The accident occurred at night in the dunes. I was the leader of a 5 vehicle trail of ROV's. (recreational off-highway vehicle). This night the dunes were empty except for our group. I had a good head start of our group as I was to pick the best and safest route for all of us to maneuver our ROV's. I came to a pretty steep dune and took a go at it with no success. I then backed down the dune in reverse. The group had not caught up to me yet. I took a second attempt at in after making some quick adjustments to my 4wheel gears. I again started up the dune and was not able to make it up. I was in motion in reverse backing down the dune when the second ROV in the group drove up to the bottom of the dune I was backing down with excessive speed and stopped in my line of motion. I quickly reacted by turning my ROV right because if I would have turned left I would have rolled my ROV over a edge into a ravine. unfortunately my back right bummer and ice cooler rack hit his front left bumper, headlight, hood, and slightly bent his front left rim . as a friend and kindness of my heart I offered to help him fix this ROV just because I enjoy fixing things. however it was his fault as I was in motion in reverse at night with limited trail area for to maneuver.


He gave me his hood to fix because I know a professional fiberglass and painter to fix his hood at the good guy price but since my guy took a little too long for his liking he turned it into his insurance company. mind you the claim to the insurance company was over 12 months later. Now the insurance company turned it over to a collection agency.


I sent a letter to the collection agency asking for an itemized listing of the amount requested.


I received the itemized invoice. there were more parts claimed to his insurance than was actually involved in our collision. And I am also being charged labor on parts claimed on invoice.


But here is another part of the problem.


A friend of the 2nd party texted me requesting the hood that I had repaired. in the text it stated that he bought the ROV with out the hood and would like to know if he could get it from me. So if I am being charged for a hood along with various other parts and labor for installation for those items that weren't actually replaced, isn't the invoice fraudulent.


and


if there was no report and its a he said she said how are we deemed at fault with no investigation.


we spoke with a ranger at the Imperial Sand Dunes and she stated that he was at fault for the collision as I had the right of way.
 
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Not much you can do now, except pay it, or continue to ignore it. Ignoring it could lead to a lawsuit.

I suggest you obtain insurance, unless its too late to do so, because of your prior poor choices.
 
You may also wish to negotiate any amount down. I don't know how much is in issue and whether it makes sense to retain an attorney to help with the negotiation.

Here is the thing - right now there is no requirement you must pay nor must you agree with the amount that you're being charged with paying. You may have some leverage if you negotiate properly and let them know that you don't agree with both fault and the repair work. The insurance company may settle in order to avoid court, the costs involved in having their attorneys handling the matter, court filing fees, etc. So if you mark what you say and negotiate properly, perhaps you may find a reasonable settlement that will help you avoid the cost of a lawsuit while the insurance company will get paid with certainty, more quickly even though it is less than expected. At this point, it might be an optimal approach. Note - I don't know what was said to the insurance company or anyone else. This is one of the reasons why having an attorney manage these issues is almost always the most preferred manner.
 
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