Auto Insurance Claims: car incident, parking stall, frivolous lawsuit

Question
QUESTION: Hi, I was parallel parking and then proceeded to get out of the vehicle. A minute later a man came up to me and said I had "hit" his car and damaged it. Not only did I not hit him, I did not hear anything or feel any contact with my vehicle. He showed a scratch on his car and said it was my fault and that he actually saw me do it. I again said I did not do this. He said we could talk "later" about it so I gave him my husbands phone number, as I was sure he would take the licence plate info anyway, and possibly try to cause me some problems. He did not ask for my insurance info, and I after I gave him the phone number I felt awkward, that perhaps he was just trying to get my phone number?  He did not call the police then and there, nor his insurance company, that I know of. If he was so certain, do you think he would have called them then and there? Why didn't he? Now, I know I didn't do it, so can he still come after me by making a false claim or calling the police, where I will have to fight this? What should I do to protect myself? thanks so much, I'd really appreciate some help.
Rose

ANSWER: Hum... interesting set of facts. Well, you did have an awkward encounter that is for sure. If you are 100% sure that you did not touch anyone in that parking stall, then you need to protect yourself, but how?

We believe you should call your insurance company. It is kind of silly we know, you are calling to say, I think there is a claim, but you got to remember, you have a duty to report losses within a reasonable time per the terms of your policy. Doing this will endure that your insurance company protect you even in the event of a frivolous lawsuit.

If this people are claiming damage when you did not touch them, then they might claim injuries too (we do not mean to scare you, it is just that there are some people out there looking for a quick buck).

So call your insurance company, tell them what happened and secure coverage. Also tell them that you are 100% sure that you did not cause the accident at all. They will have a duty to believe you unless there is evidence against you.

The only possible evidence will be damages to both vehicles and a police report. The police was not called, and your car has no damage.

You will also benefit from dealing with them directly. It is a weird situation as it is, and you do not want to have a confrontation over this. If they contact you, have them talk to the adjuster. They will have to protect you.

We hope this helps,

Good Luck
CQ. J.D. (Juris Doctor)
http://www.auto-insurance-claim-advice.com

---------- FOLLOW-UP ----------

QUESTION: thanks so much for the initial reply. I am wondering if it neccessary for me to go to the vehicle reporting center (I'm in Toronto, Canada) even though I have no damage and do not know his name or any info.  If he goes to the vehicle reporting center can he make a claim against me that way? We only have 24 hours to go to the reporting center... thanks in advance...
Rose

Answer
Rose,

Traveling 24 hours to get there is a little much. Again, if you are innocent, do not let this stress you like that. A phone call to your insurance company will do. They will send an adjuster out to see your vehicle when they need to.

If you still want to have them see your car, you can go. Sometimes insurance companies have people on town that can look at your vehicle.

Good Luck
CQ. J.D. (Juris Doctor)
http://www.auto-insurance-claim-advice.com