Auto Insurance Claims: Horse hit by a pick up truck, livestock owner, vet bills


Question
When my horse was hit it was 2 am and it had gotten loose. The driver of the truck contacted me the next day and said he was sorry and that he was not going to sue or ask for any money that his truck just had a "dent" in the door. Four months later a collection agency is calling constantly saying the insurance company wants its money back ($2,500).  I never saw the damage and I don't have insurance. What is my legal responsibility?

Answer
Hi Mary,
I'm sorry to learn of your problem.
I'm surprised to hear that a collection agency is involved only
4 months later.  Normally, the insurance company would have made
many telephone calls and if unable to contact you, they would have sent several letters.
Do you recall ignoring any messages left on your telephone or any mail from the insurance company?

The driver of the truck is required by your state laws to operate his vehicle in such a manner as to be able to stop no matter what unexpected event may occur on the roadway ahead of him.

By hitting a horse or a cow, his insurance company considers
this a fault accident and his collision deductible applies, as opposed to hitting a "WILD" animal where the lower comprehensive deductible applies and is not considered a fault accident.

The majority of insurance companies DO NOT ever attempt to collect
from the livestock owner in situations such as this because they
have already told their insured that he is at fault.

If you incurred Vet bills for injuries to your horse, you should file
a claim with his insurance company.

If his insurance company never called or sent you any letters,
they are fully aware that they are standing in a very weak position
and simply turned everything over to a collection agency to try to scare you into paying.

You need to immediately retaliate or the collection agency will make a report to the credit rating bureau's which will totally ruin your credit rating for the next 5-7 years.

You should contact an attorney immediately, if you can't afford one,
there may be several local agencies that can provide some free help.

Please take a moment to rate my response.

Sincerely,
Bennie
San Francisco Bay Area