QuestionHi -
My fiance was in an accident in Oct 2007. His brakes locked up and he rear-ended a car that in turn rear-ended another car that happened to be a company vehicle. The kicker is that he did not have insurance. (Don't worry, he now knows that isn't an option, regardless of the financial difficulties being faced).
All that being said, at the scene, he was only given a ticket for not having insurance. In April 2008 he rec'd a letter from a law firm, on behalf of the company owning the car that was hit by the car he himself hit, claiming he owed them an "Unliquidated Tort Claim Amount" of $7,073.20 and to call them to discuss. He chose to not respond as no judgements were filed, no proof was provided, and he hadn't technically been declared at fault to our knowledge.
A year has passed and last week he rec'd a new letter from a DIFFERENT law firm, this time supposedly that specializes in collection. Again, there is still no judgement filed, no proof of fault, (though in Florida, I'm pretty sure he was the one liable since he was the last car in line), and no proof of the damages they are claiming he owes them. Only a request for payment of the full amount, or a phone call to set up a payment schedule.
Now, I won't deny that realistically, he is responsible for these charges. However, if it's been a year and a half and they still haven't filed a judgement, just had random attorneys have sent letters, should he even bother? It's not as though we have that kind of money just lying around. Should he respond to the letter requesting proof of fault, proof of damages, and proof of judgement? Can they still file a judgement if they haven't already?
Hope this makes sense. Ignoring the letters doesn't seem like the right answer, but blindly paying $7,000 isn't exactly ideal either. Thanks!
AnswerHi Cheryl,
First of all there is no way to get arround that fact that he is 100% at fault for the accident. He is therefore 100% liable for all damages that resulted from the accident. There would be no judgement filed anywhere unless he was actually sued. Since no law suit have yet been filed, there will be no judgement. It seems that they are trying to make attempts to reach a settlement without the need to file a law suit. He should contact the attornies in writing asking for all repair estimates and any other documentation that establishes the amount they are claiming he owes. Once he receives that her can contact the attornies to try to negotiate a settlement or a payment plan. Remember do not send any money until you get an agreement in writing. Never give them electronic access to your bank account and never send them post dated checks. Any payments you send should be in the form of a money order so that they do not have the ability to get your bank account numbers off of your check. If they do they will clean you out.
I hope this helps
Richard Hixenbaugh
