O/T What would you do

Just when things are going fairly good, a police officer shows up at my front door. The officer says he is here to investigate a hit,and run by our car. Apearently someone claims my wife hit her car in the back, at a parking space and drove away. The lady claims there was a bike rack which was knocked down from the impact. When she drove off, the rack did a lot of damage to the underneath side of her. The mechanic told her he would needed to take the car apart to find the damage. The police officer took pictures of our car, which didn't have any damage, not even a scratch. The bike rack on her car also had no damage. This was a month ago, and the lady needed to see a doctor, and was in bed for two days from the impact.Now what do I do from here? This is a complete bogus claim. Do I need to get a attourney and countersue her for filing a bogus police report, and lawyer fees. I don't need this crp in my life at this time. stan

How do they know it was your wifes car that hit them?

unfortunately.. I think you need to see a lawyer.. even if this never goes anywhere.. the 150$ you pay for the consultation will be money well spent.

soundguy

Chief:

What you SHOULD do depends upon whether your wife did in fact hit the other woman's car.

What you MAY be able to do or may be forced to do depends upon the evidence.

Dean

daughter had same situation (bogus) contact your insurance carrier turn it over to them on your liability they like to go after these scammers and they will prosecute. hope this helps

Like others have said you know this is bogus just as much as the cop does. If it took place over a month ago why did the woman just come forward with this claim??? Just remember if the cop didn't see it happen then technically there is no way they can place fault on one person or another. Too if it had happened in a private parking lot then the cops really don't have any jurisdiction to do much of anything anyways, it would all be between the two insurance services. That said how did she "know" it was your wifes car, if she was as hurt as she claimed there is no way she could have gotten out of the car to get the license info. Too if the impact was that bad your wife should have been to the doctor too. Too if someone had hit the woman as she claimed and she did know who did it, who in their right mind is going to wait a month to file a claim. You might want to get a lwayer just for GP and also inform your insurance of the bogus claim and include pics of the car, etc. Heck maybe even get a local body shop to look at it for you and verify that there has been no paint work, etc done to your car. Most large shops should have the equipment to check for things like that and know what to look at.
In the end all I can say is good luck. Scams and scammers are a dime a dozen nowdays and they're getting worse as people too lazy to work find more and more ways to prey on those of us that do.

Your insurance company has lawyers to fight it if it's a scam.

Trust me, they won't put up with it. My GF got the corner taken off her car by a lady drivin' a pickup with a snowplow on the front. Lady on her own tha the damage was minor, left her name and the name of her insurance company with my GF and left.

Her insurance company called us up and wanted a statement over the phone. They tried hell, west, and crooked to get the GF to contradict herself so they'd have a basis to deny the claim. And that was on a good, police-investigated claim. You can imagine what they'll do with a sketchy one.

If their claim is denied and they try to come after you (or start contacting you directly after the denial), then it's time to get a lawyer of your own, who will get the police report and any other information on which the insurance company based their decision.

You simply wait until some kind of claim is made against you (whether it be a letter from her or her lawyer, or a lawsuit), then you turn it over to your insurance company. It's called "tendering your defense", and provision for it will be in your insurance policy.

In fact, you are REQUIRED to tender your defense to them- that way, they get to hire their choice of attorney, and they stay away from the situation where you hire some yahoo, he loses the case for you, then you tell insurance company to pay.

There's really nothing "defensive" you can do- its up to her to prove her case. If its been a month, I'd think she has moved on.

My wife did not hit the lady's car plain and simple. There was absolutely no damage to our car, not even a scratch. My wife was probably in that area that day, and the lady thought she would pick a new car thinking the owner may be rich. That was her first mistake. Stan

Long enough ago that it wasn't uncommon for cars to have bumper guards on both the front and rear bumpers, our Office Manager asked me if I'd come out to the parking lot and see what I thought of something.

A lady was standing by a car with two dents in the side, claiming the Office Manager backed into her car and the bumper guards put them there. She was willing to settle for $300 on the spot.

I said, "Wait here." I went back in the office and got a tape measure. The dents in the lady's car were 4 inches further apart than the bumper guards on our Office Manager's back bumper. The lady (?) was just trying to scam anyone with bumper guards on their back bumper.

I told her she had 2 minutes to get out of our sight or I'd call the police and see what they thought. She almost burned off her back tires getting out of there.

I forgot one thing the poplice officer told me about the lady. She told him her son was abducted by a alien. This is the nut job I am dealing with. Stan

37 chief,
This is an easy one. Just give your insurance info and don't talk to anyone anymore about it. That's why you pay insurance. IF the woman is stupid enough to file a claim, your insurance company will call you or your wife for a statement. Just tell the truth, i.e. wife didn't hit her car. Period. They'll take it from there, probably deny the claim. Then it's up to the parasite to contact an ambulance chasing lawyer who will evaluate how much its worth to pursue, i.e. do THEY believe the scumbag?, any witnesses?, any evidence?, etc.

My point is, don't do anything, don't even worry about it. All the nonsense about what the mechanic said, what her injuries are, etc. don't amount to a hill of beans. Ignore it. If they call you, hang up on them. Then, if they sue you, your insurance company will hire the lawyer who will take it from there.

There are people who every time they need money, go out and slip in a deep-pocket retailer's aisle, preferably right after a rain or snow storm when there are little puddles in the aisles.

According to some on here, the cop had no right to go on your property. LoL This lady may be hoping that your insurance will just settle out of court as is usually the case. However, I think the insurance company would want some proof as evidence. Any witnesses to the alleged incident? Without any physical evidence on either vehicle, I can't see how there is any chance of your car being involved. There would have to at least be a scratch for the lady to have been injured. Her(the lady) insurance might cover it if she has no case against you. I just recently saw a similar incident on people's court of all places. It was throne out. She's just looking for a hand out. A lot of lawyers will give a free consultation. I'd call the police first and see what their investigation reveals. They can charge the lady for filing a false police report. Maybe you won't have to do anything. Dave

My 75 year old neighbor had the same thing happen to him.He now is being sued for over 30000
for damages and doctor bills.The woman who is suing knew my neighbor owned several farms.

Definitely sounds like a scam. As others have said I would let your insurance company handle it.

stan, having worked claims for some time with an insurance company, contact your agent and advise him. then have the agent set up an appointment with the claim office and have a claim adjuster inspect and photo graph your car to document the lack of damage. if the other party tries to push the issue, your insurance company will go to court for you with THEIR documentation to show the judge. they will handle all the investigations for you, you wont need to do anything else.

37, As an attorney its my first impression BASED UPON your brief posting, that NO you dont need to hire an attorney and countersue (theres no "counter" at this time, thats if and after she sues, perhaps providing false information to a police officer??) at this point. If later there is a civil action for damages its the Plaintiff (NOT you) who has the burden of proof and to prevail she will have to have establish her claim by a "preponderance of the evidence". IFFFFFF??? theres no say store video or witnesses and theres no evidence of damage on your car and its ONLY her claim, shes just not so likely to prevail.

In addition, I"d simply inform your insurance carrier about it and let them handle it, they are experts at these sort of things and have a ton of high priced expert attorneys on staff who can deal with this FAR BETTER then people who dont have all the facts and/or arent familiar with your local jurisdiction and the law.

In the event your insurance has a problem with it and you do need an attorney do not hesitate to consult a good local one and consider placing a higher value on his opinion and advice then that which you may gather elsewhere. Its your money and risk and your call, however.

Best wishes and God Bless

John T Attorney at Law BSEE, JD

I"ll add only one thing to all the advice you"ve been given. Call the police agency the cop was from and ask for a copy of their report. Might be interesting reading.

Bob

John,
You sure make a lotta sense when you respond to a question! Hope it's not a dumb question BUUUUUUUTTTTTTTT, my question is: Were you an Electrical Engineer first and then went on to get your JD degree or vice versa? I've worked with a geotechnical engineer with a JD out of Chicago when they redid I-74 in Peoria and he practices the engineering side.
You can bet I'm not going back to school at mid 50's but PDH's sure don't hurt!
Jim

PS: Keep Christ in Christmas and don't worry about the shopping!

Separate issues here Stan.

1. They are investigating your wife to determine if they should file leaving the scene of an accident and other serious traffic violations or felony charges against her. A traffic/criminal matter for which she would want and have to hire her own attorney as insurance won't pay for that. The woman is claiming injuries from the hit and run. Two days in the hospital may have enough injuries to warrant felony charges such as aggravated battery and felony fleeing and alluding. And the cops want to talk to your wife to see if she was drinking or taking prescription or illegal drugs so maybe they can get a DUI out of it as well and further add to all their charges. Tiger Woods ring a bell?

2. Immediately contact your insurance agent/adjuster or whatever 800 number they use and file the claim or describe what the bogus claim was. Don't wait for a lawsuit as your policy probably has an immediate notification clause. For lack of notification till a lawsuit is filed, they could but probably won't deny your defense. However your insurance adjuster will want to nip this claim in the bud before it gets to far so let them do their job. He will go out and look at the vehicles, get medical records, police reports, etc. They can get doctors to determine if the injuries are consistant with the claim. Let them do their job.

3. If a cop came to my door that way and not having talked to my wife to see what happened, I'd tell him I'll contact the insurance company so we can investigate it together with him but it sounds like a bogus claim to you. Then I'd say this (which always bugs them), "since we are working together on this investigation, will you provide me a copy of your reports or other evidence you've collected". If he needs insurance verification and her DL and registration, like Tiger Woods, I'd tell him you will bring it by or have an attorney handle it for you. I wouldn't let him in the house or your wife come to the door. Once you invoke your right to an attorney, they should stop asking questions but they don't. You just need to keep after them that you want to talk to your insurance company and attorney first till they stop asking.

Same goes for your wife. She shouldn't talk to them at all. Just a simple statement from her like "I was at the store but didn't hit anyone" gives them half their case. Now they don't have to prove your wife was there. Might be enough for the cop to start writing tickets or arrest her. Then it becomes a she said/she said regarding the accident. She might have had a car load of relatives and friends ready to say your wife did it. And you don't know yet what other witnesses were there and what they said or if there is any video. Most stores have video surveilance in their parking lots so just keep your mouths shut and let the insurance adjuster dig for that stuff.

Just like Tiger Woods, most people need to hire a criminal attorney just to keep the cops off their backs as they can't talk to you any further. Cost you some bread but may keep charges from being filed. When I am hired for these situations, I send a letter to the police telling them they can't talk to my client at this time and to provide me with copies of their investigation so we can work together. I have a perfect track record on these where we never hear from the cops again as they give up when they have no statements from the accused person linking them to anything. Cops don't like to get into she said/she said arguments either unless they can pin something on someone. Besides anything a client says usually gets twisted around in the police reports to make it sound worse so it doesn't do any good to talk.

Regarding her car, if it was in the driveway, then he probably already looked at it. Probably not much you can do if he stands in the street and takes pictures but I'd tell him he can come back for pictures depending upon what the insurance company and attorney say.

politely suggest to the police that the lady, in her clearly tramitized state, may have miss identifyed your car. and perhaps the other car is still out there. Let your insurance company know the same. What ever you do, ALWAYS REMAIN CALM, It will not help if she is able to egg you into looking like a raving lunitic.

As others Have said , at the very Least notify Your insurane folks about this one . And relax a little and let things work thru .. cops are probably going to realize SOON they got much bigger problems than trying to prove a fender bender ,, They got a INTERNATIONAL KIDNAPPING problem to solve !, They better call the external_link ALIEN team out, so they can find that poor ladies son , Who is probably hiding in the garage attic , so he can get THE Whole family a REALITY TV SHOW ...

As I stated below, his insurance policy probably REQUIRES him to tender defense to them. Gotta do what the policy says, or you're on your own. . .

i had a similar situation. i told my side and shut up. cops will try to catch you in a lie if they think you did it.thats why i dont tell em anything. i was on a jury in a trial and everything the woman told police was recorded and she contradicted herself on a small detail and thats why they had her in court.

I had that happen to me once.

The police were driving down my street, saw my truck, and stopped to look at it. They gave me a similar story, that a person had reported a hit-and-run accident by someone driving a blue-and-white pickup truck. That person waved in the general direction where my house was from the accident scene. According to the woman's story, the damage to her car and to the truck that hit it, were significant.

The police were looking at my very straight and obviously undamaged truck, and not getting very concerned about me. They were even wondering if the woman was looking for someone with insurance to blame her suspicious accident on.

I live in a relatively small town, and some days it's good that the police already know who you are and that you had a buddy riding with you the whole morning.

Take pictures.

I had this happen once before and the lady that tried to claim me as a hit n run got a felony charge! She was saying that I hit her car and when I was leaving she got my lic #. She called the police to report the hit n run and gave them my lic # to have me arrested! Well a week after she cliamed I hit her the police officer showed up to talk to me. Funny things happen, the officer goes to my church anyway to tell me this scam the lady was trying to pull since he knew I was on vacation. He asked if I could show some proof that I was on vaction like bills or tickits. so he could show the cheif.

I was an Electrical Engineer (BSEE Purdue University 1969/1970) and a REAL PERSON including a farmer, equipment dealer, trucker etc etc long beforeeeeeeeee I went to Law School (JD, Indiana University 1994). Since I was a REAL person first I acquired some degree of common sense and lifes experiences before I got this semi retirement legal gig going.

Thanks for the kind words

John T in Indiana

I agree, Christ is what the season (and CHRISTmas) is all about as the old saying goes "Jesus is the reason for the season"

God Bless and an early Merry "Christ"mas yall

John T

I agree, Christ is what the season (and CHRISTmas) is all about as the old saying goes "Jesus is the reason for the season"

God Bless and an early Merry "Christ"mas yall

John T

notify your insurance company, they have a contractual obligation to you to pay any covered liabilty auto claim you owe and to defend (with their lawyer if needed) any claim that is not justified, been handling claims for 23+ years, now is when you see how good your auto insurance really is, HTH Mark

Hand it to your Insurance Coy that's why you pay, sit back and relax.Don't forget to send them pictures of your car.better than explanation, won me a court case once.

Thats no kidding! I knew a girl once(unfortunatly was married to her for a very BREIF time-this happened before we were married and I found out later) who was in a minor fender-bender, and her cousin was in the car too. An elderly lady hit them in the left rear quarter at a low speed in a parking lot. Outcome was, both girl and her cousin were wearing neckbraces for several weeks trying to get some insurance money out of the elderly lady. Never needed the neckbraces, but she was able to buy some new furniture, stereo, etc. after that. She claimed that a few years before that, a pop machine outside a grocery store in another state "somehow" tipped over on her and her daughter, and she got money(quite a bit) outta that deal too.

Geez, I sure picked a winner there- thank goodness the marriage didn't last long enough to cost me any more than it did!

If he or his wife did nothing wrong, why not cooperate with the police? Getting all defensive makes you look guilty and it can be used against you. Dave

So that's why there's a lot of bad lawyers. They don't have any real world experience. Glad you do. Dave

International Kidnapping ????? Sounds more like an Intergalaxy Kidnapping to me ....


Whizkidkyus

If your wife hit that ladys car that hard, and hard enough to do that much damage, I think that your wife would have realized that she had hit something the moment that it had happened . But I'll give the benefit of the doubt. But it sounds like a scam to me to. If it did turn out to be a scam , I'd sue that lady for every penny that I was out over her, plus more for your time and trouble. When I got done ,SHE'D think twice before she tried that stunt again with anybody.Also , if it did turn out to be a scam I'd also have her arrested and press charges , fileing a fake scam is illegaland if they arrested her then it might send a sign to a few other people not to try that scheme. Plus our insurance would hopefully go down if they didn't have to pay to prove a fake lawsuit.

Whizkidkyus

The first thing to be done is for your wife (NOT YOU, she is the one involved) call her insurance agent and give him the whole story. Then let him decide what the insurance company will or can do. They may handle the whole thing--maybe!