Auto Insurance Claims: Claim on hit and run, burden of proof, countersuit


Question
I received a claim in the mail that I hit a parked car 90 days ago and they don't even have the tag number or information on the incident at all!  I did not hit anyone and would never leave any scene of an accident I was involved with ever.  Am I OBLIGATED to process a claim and get an adjuster involved?  Could they really hurt my credit by turning this claim over to "someone" in collections without a police report, witness etc?  I know I can show the vehicle I own wasn't wrecked, but to me it's beside the point.  It never happened and I'm upset to get such a claim in the mail and need to know what my legal rights are if I don't process a claim.

Answer
Hello,

I have heard of situations like this, but I would think the burden of proof would be on the person accusing you. If in collections, contact a supervisor and find out exactly what they are accusing you of.

Yes, this could affect your credit. You want to know your legal rights and for that I would suggest not taking any information off the web as legal advice. I would recommend you contact a local attorney to give you direction.

Even if you have to shell out a couple hundred bucks, it may be worth it to be represented and you could possibly get that money back in a countersuit. Look at the big picture. Is this claim they are accusing you of over $1,000? A couple hundred bucks is not bad then.

If you turn it in to your insurance company, this could cost you in premiums. Talk to an attorney.

Rob