How do I protect myself if I am being sued over a minor accident?

Question

Nine months ago I was at my boyfriend's house and he and I were leaving in the evening to go to the gas station. My boyfriend's 1994 car was parked right behind us. I did not see the vehicle and ended up backing up to his friends bumper. There was no damage to the car and when I had told his friend about it he had told me not to worry about it. I saw his friend again a couple days later at my boyfriend's house and again he said do not worry about it. In June my boyfriend and I split up three weeks later his friend contacts me and says that he now has a $800 estimate for his car. I told him that there was no way that I did that kind of damage to his vehicle. He is suing me. Do I have grounds to fight this case?

Eugene Critchett · Answer

You may want to notify your insurance carrier about the accident and about the alleged claim so they can fight it for you.  That is why we purchase insurance.

A. Woska · Answer

Unless you are currently teleporting around the universe or truly hallucinating, you saw the damage and know the answer to your question which is the guy is just shaking you down because of the buddy of his you dumped. Fight it or hire a contingency fee lawyer to counterclaim against him or fraud.

Andrew Velonis · Answer

First, contact your insurance company to find out if you are covered by this.  If so, then co-operate with their investigation and defense and they will handle it.  Otherwise, the owner of the other vehicle will have to bring you into small claims court and you can challange his evidence.

Eric Chandler · Answer

Contact you auto insurance carrier, and they can handle it for you.

Paul Whitfield · Answer

You should report this to the insurance company. They will deal with it at no additional charge to you. The insurance premiums you pay are to protect you. Let em do it and don't worry about it

Steven D. Dunnings · Answer

If you had an auto insurance company at the time, you should contact them. If not, wait for him sue you in small claims court.

Earl Straight · Answer

You have every right to fight it.  At the very least by fighting it you will make him prove his damages, which you can contest.

James Kelaher · Answer

First of all, you should immediately turn it over to your insurance company, and tell them the reason you didn't promptly report the accident was because it was so minor and the owner of the other car said not to worry about it. Your insurance company might try to refuse to cover you because you didn't promptly report the accident, but if they do that, go see an attorney right away, and I'll bet he can get the insurer to provide you with that coverage.

Bernard Huff · Answer

Does your automobile insurance cover the damages? If not, you may want to consult with a defendant's accident attorney for legal advice.

Mark Leonardo · Answer

It sounds like it will be a credibility contest.  If the judge believes you, youll win.  If he thinks the other guy is being truthful, you will likely lose.  You might argue laches which is a delay in bringing the claim forward, even if it is within the statute of limitations.  You should use the fact that he has waited so long to show that this is a revenge tactic because you broke up with his friend.

Jared Altman · Answer

Of course you have a complete defense if there was no damage. But what you really need to do is turn the lawsuit over to your insurance company and let them worry about it.

Timothy Klisz · Answer

Sure. Turn it over to your insurer. They will handle the defense.

Steven Fink · Answer

He will have to prove you caused the damage.  Did you take any pictures at the time you bumped into his car?  It is a small claims case and the only thing you can do is testify as to what happened.  It would help if your ex boyfriend testified the same way.

Lyle Masnikoff · Answer

Yes.  Get an estimate from someone else but ultimately you will have to pay for the damage.

New User · Answer

Yes. He has the burden of proving that the damage he claims was caused by you.

Russell Gray · Answer

If you caused the accident, and the accident caused the damage, you are  liable.  The only questions would be whether the damage they're claiming  was actually caused by your accident.  You should submit the claim to  your insurance company, this situation is exactly why you pay for  insurance every month.

Robert Lucky · Answer

You should report the accident to your insurance company and/or the insurance company for the vehicle you were operating at the time of the accident. They will take over the handling of the claim and pay what needs to be paid and defend you appropriately. If there was no insurance coverage, then he does have a right to sue you for the damages to the vehicle caused in the collision. Unfortunately, cars today are not as well made as they used to be, plus they cost much more to fix. I have seen minor impacts result in considerable damage - even if the damage is not visible. Good luck with everything.

Marty Judnich · Answer

You should contact your insurance company and allow them to defend it.

Lawrence Ramunno · Answer

You should refer the claim to your insurance company for it to handle.

Steven A. Schwartz · Answer

The insurance company of the car you were in should defend you on this matter for free.  You should tell them everything and that at the time you saw no damage at all.  They will handle it for you.  Best of luck.

Andrew Myers · Answer

Report this to your insurance agent.  This is what insurance is for.  One thing insurance companies are good at is squashing phony claims.  If you do not have insurance, then send the "friend" a nastygram giving notice that he had previously admitted that there was no damage, and that further, such later generation of a damage claim is clearly based on motive.  Give notice that should "friend" opt to bring a small claim or other process that you will seek your cost of defense.

Thomas Bulman · Answer

Unfortunately, body repair is a license to steal.  Even a repair of a scratch can cost hundreds of dollars because they have to work on the entire quarter panel, including replacing any pinstripes, decals, or trim.  Call your insurance company immediately and report what has happened.  Let them handle it.  If they bump your premium, find a new company.

Mark Sternlicht · Answer

You should immediately report the claim to your car insurance company and let the company handle the defense of the claim.

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How do I protect myself if I am being sued over a minor accident?

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