minor car accident a month ago, now they want $500 cash... what to do?

[slycat]

tell Jane to tell John's mom to shove it where the sun don't shine.
end of story. nothing they can do about it. i can't care if he's a cop or the friggin mayor.

 

[JackDawkins]

Like others have said, it never happened. Jane's responsibility ended when John said everything was okay and then he drove away.

 

[minendo]

Originally posted by: LikeLinus

Originally posted by: yllus
John's Mom: "So, about that $500 from the accident?"
Jane: "What accident? Do I know you? Wrong number...please stop calling."

You need to ask Jane specifically what she said on those phone calls. If these people are indeed trying to swindle her out of money, they've probably recorded the phone conversations. Do you know if she admitted to the accident?

Also is the information she gave the person in her hand writting? Don't listen to these idiots on ATOT telling you to lie, unless you know all the facts.

Isn't it required that they make her aware that the conversation is being recorded?

 

[KarenMarie]

Most states will not allow you to record a phone conversation without prior knowledge/consent. But you can record someone in person with out it.

 

[rmrf]

Originally posted by: minendo

Originally posted by: LikeLinus

Originally posted by: yllus John's Mom: "So, about that $500 from the accident?" Jane: "What accident? Do I know you? Wrong number...please stop calling."

You need to ask Jane specifically what she said on those phone calls. If these people are indeed trying to swindle her out of money, they've probably recorded the phone conversations. Do you know if she admitted to the accident? Also is the information she gave the person in her hand writting? Don't listen to these idiots on ATOT telling you to lie, unless you know all the facts.

Isn't it required that they make her aware that the conversation is being recorded?

that was my understanding, but I have seen where people have used recorded conversations in court and the judge let it fly. I guess I'm not exactly sure on how that all works.

 

[LikeLinus]

Originally posted by: minendo

Originally posted by: LikeLinus

Originally posted by: yllus
John's Mom: "So, about that $500 from the accident?"
Jane: "What accident? Do I know you? Wrong number...please stop calling."

You need to ask Jane specifically what she said on those phone calls. If these people are indeed trying to swindle her out of money, they've probably recorded the phone conversations. Do you know if she admitted to the accident?

Also is the information she gave the person in her hand writting? Don't listen to these idiots on ATOT telling you to lie, unless you know all the facts.

Isn't it required that they make her aware that the conversation is being recorded?

Federal law allows recording of phone calls and other electronic communications with the consent of at least one party to the call. A majority of the states and territories have adopted wiretapping statutes based on the federal law, although most have also extended the law to cover in-person conversations.
Thirty-eight states and the District of Columbia permit individuals to record conversations to which they are a party without informing the other parties that they are doing so. These laws are referred to as "one-party consent" statutes, and as long as you are a party to the conversation, it is legal for you to record it. (Nevada also has a one-party consent statute, but the state Supreme Court has interpreted it as an all-party rule.)

 

[rahvin]

A 95 maxima has the typical $1200 plastic bumpers. If she had hit him hard enough to do any damage to his car her bumper would have been trashed. It's a month later the car has been through god knows what and there is no police report or documentation of the damage done to his car. I would deny any attempts to collect and refer any attempt at extortion to the police and her insurance company.

The easy thing to do is deny the accident ever occured, but honesty is always the best policy long term as lies can come back to bite you in the ass.

 

[Regs]

Originally posted by: minendo

Originally posted by: dtyn
Was there a police report? No? Then it never happened.

Exactly.

Yeah, if they want to play it that way. Never was there, never happened. "I was away at school". Etc. He knows your name? He most of got it from a friend or phone book..

That's of course... if he did not get your license plate number. But even then, it will be hard as hell to prove liability in court without a police report and no witnesses.

 

[freebee]

Oh shoot, the response I typed is gone...., anyhows to sum it up....

No police report is necessary. Her insurance company can and will settle. I wish people would stop giving so many false statements....police reports have nothing to do with fault, statue of limitations, % negligance, or anything. It doesn't determine liability, amount of damages, etc.

 

[minendo]

Originally posted by: LikeLinus
Federal law allows recording of phone calls and other electronic communications with the consent of at least one party to the call. A majority of the states and territories have adopted wiretapping statutes based on the federal law, although most have also extended the law to cover in-person conversations.
Thirty-eight states and the District of Columbia permit individuals to record conversations to which they are a party without informing the other parties that they are doing so. These laws are referred to as "one-party consent" statutes, and as long as you are a party to the conversation, it is legal for you to record it. (Nevada also has a one-party consent statute, but the state Supreme Court has interpreted it as an all-party rule.)

Thanks for the information.

 

[Regs]

Originally posted by: freebee
Oh shoot, the response I typed is gone...., anyhows to sum it up....

No police report is necessary. Her insurance company can and will settle. I wish people would stop giving so many false statements....police reports have nothing to do with fault, statue of limitations, % negligance, or anything. It doesn't determine liability, amount of damages, etc.

I guess you missed the part when they exhanged no insurance information.

 

[rgwalt]

I would tell the mom to get lost, but if Jane isn't comfortable, then have the mom get a written estimate from the body shop. Tell the mom that you want to see before and after evidence (in person, or in pictures) that the work was done prior to giving her any money. If the mom says she is going to go through with the repairs, then have Jane contact her insurance company and turn the matter over to them unless she has the cash to go through with it. Basically, have Jane make it as difficult as possible for the mom to simply make a quick $500.

R

 

[AMCRambler]

Same sort of thing happened to me. I rear ended a woman going to work one day. The car was slowed to under 20 when I hit them and didn't do much damage. She saw I was still in college, and acted like she was doing me a favor by not going through insurance. Me being the naive person I am agreed this would be best for both of us I agreed to settle it on the side and pay out of pocket for whatever it cost. I'm thinking 2-300 to get the bumper painted, it wasn't cracked just scratched. Well they went and filed a police report, I guess to cover their butts in case I tried to weasel out of it. Then when the woman spoke to my mom the day she called to tell us she was going to drop off the quote she made a comment like "I don't know, I may have to call you insurance after all, my neck is bothering me now". The quote for the repair to the bumper was $600, when I saw that I was like whoa! I'm no body work expert but $600 bucks to repaint a bumper is way high imo. I was pretty much screwed though so I decided to pay it. To make sure they weren't going to keep the $600 and not get the bumper fixed though, I had the cashier's check made out to the garage where she got the estimate from. So that way she had to take the car there to get it repaired. When I dropped off the check at their house they kind of acted surprised that I made it out to the garage, and stood there like they were trying to think of something to say, but instead said "ok" and I bid them adieu, lol. Anyway I drove much more carefully after that day, my $600 dollar lesson having been learned.

 

[freebee]

Originally posted by: Regs

Originally posted by: freebee
Oh shoot, the response I typed is gone...., anyhows to sum it up....

No police report is necessary. Her insurance company can and will settle. I wish people would stop giving so many false statements....police reports have nothing to do with fault, statue of limitations, % negligance, or anything. It doesn't determine liability, amount of damages, etc.

I guess you missed the part when they exhanged no insurance information.

Doesn't matter. As long as one party has the others information, a plate check is sufficient. Pictures can be taken, and her insurance company would settle. I doubt the at-fault party would hold up under any questioning, and yes, insurance comapanies can and do take recorded statements for claims purposes. And if you lie in a recorded statement and get caught, thats not a good thing.

And remember, statue of limitations in NJ is 3 years, meaning they can sue you for up to 3 years.

 

[Ornery]

Originally posted by: freebee
Oh shoot, the response I typed is gone...., anyhows to sum it up....

No police report is necessary. Her insurance company can and will settle. I wish people would stop giving so many false statements....police reports have nothing to do with fault, statue of limitations, % negligance, or anything. It doesn't determine liability, amount of damages, etc.

Finally! The ONLY correct reply in the thread!

"Tell Jane to tell John's mom that she will be happy to get her mechanic to look at the car and if need be pay her mechanic to replair any damage!"

Got news for ya. You hit MY car, you or your insurance will pay the mechanic of MY choice. You screw around with me, and I'll make doubly damn sure he's the most expensive one I can find!

 

[OutHouse]

They are scamming your friend. No Police Report. Over a month since the accident. If your friend has not addmited to doing it, Johns mom cant do crap.

On a side note, if her son the cop does run your friends plate to get info for a non criminal matter but for personal gain then he will be in some very very hot water with his dept.

Tell your friend that the next time Johns mom calls to say

"i dont know who you are, nor was i involved in any accident. If you continue calling and harassing me I will file a report against you".

 

[freebee]

Since my earlier post seems to have disappeared, i will post it again

Never pay claims where you owe property damage out of pocket. They can claim twice against you, both from you and your insurance company.

You a legally liable for providing a rental vehicle.

$500 probably wont make your insurance go up

Early 90s american cars have cheap bumpers. Even late model cars have cheap bumpers....its the supports and surrounds that cost money.

 

[Ornery]

"Tell your friend that the next time Johns mom calls to say

"i dont know who you are, nor was i involved in any accident. If you continue calling and harassing me I will file a report against you".


What an ass! Does she have an alibi for where she was that day? Did she remove the damage from her car? Did she leave paint on his?

You clowns are going to cost her more money, and perhaps legal problems, than she already has!

 

[AMCRambler]

Also, since then, I've been rear ended myself and after going through the BS I did I would not dream of trying to squeeze someone for money like this. It was a stupid thing where I was stopped at a light in the right turn lane and a woman behind me rolled up behind me and bumped my car in the rear. It was a mother who was taking care of her son in the back seat and not looking forward, didn't realize she let go of the brakes. Not nearly as hard as the one where I hit the other person, but I got out and checked the damage, there was nothing to speak of, a scuff mark at the most, and asked for her insurance information since the car wasn't mine it belonged to my father. She got very pissy at that point even though I was trying to be as nice as possible to her. I just wanted to make sure if my dad wigged out at me, I could say I took all the proper steps. Nothing ever came of it and I never had anymore contact with her. I hope she felt stupid afterward for acting the way she did. I guess I can't blame her for getting mad, she probably thought I was going to sue her or something. It's sad the way some people in this world actually do things like that.

 

[pulse8]

Originally posted by: Ornery

Originally posted by: freebee
Oh shoot, the response I typed is gone...., anyhows to sum it up....

No police report is necessary. Her insurance company can and will settle. I wish people would stop giving so many false statements....police reports have nothing to do with fault, statue of limitations, % negligance, or anything. It doesn't determine liability, amount of damages, etc.

Finally! The ONLY correct reply in the thread!

"Tell Jane to tell John's mom that she will be happy to get her mechanic to look at the car and if need be pay her mechanic to replair any damage!"

Got news for ya. You hit MY car, you or your insurance will pay the mechanic of MY choice. You screw around with me, and I'll make doubly damn sure he's the most expensive one I can find!

In California, they police don't respond to car accidents unless there's an injury.

 

[fredtam]

Originally posted by: Ornery

Originally posted by: freebee
Oh shoot, the response I typed is gone...., anyhows to sum it up....

No police report is necessary. Her insurance company can and will settle. I wish people would stop giving so many false statements....police reports have nothing to do with fault, statue of limitations, % negligance, or anything. It doesn't determine liability, amount of damages, etc.

Finally! The ONLY correct reply in the thread!

"Tell Jane to tell John's mom that she will be happy to get her mechanic to look at the car and if need be pay her mechanic to replair any damage!"

Got news for ya. You hit MY car, you or your insurance will pay the mechanic of MY choice. You screw around with me, and I'll make doubly damn sure he's the most expensive one I can find!

You obviously haven't had to fight an insurance company for money. Your insurance company is there to protect you. I personally have had to fight to have my car repaired because the other persons (at fault) insurance company was trying to get out of paying. This was only a $1500 claim against state farm. I can assure you that if the insurance company gets involved they will not pay him a dime based on the circumstances. Insurance companies do not just go "oh, ok our driver was at fualt here is your money". The only bad adv ice thet has been given is to deny it and not give the insurance info. That is illegal.

 

[johnjosh]

Originally posted by: fredtam

Originally posted by: Ornery

Originally posted by: freebee
Oh shoot, the response I typed is gone...., anyhows to sum it up....

No police report is necessary. Her insurance company can and will settle. I wish people would stop giving so many false statements....police reports have nothing to do with fault, statue of limitations, % negligance, or anything. It doesn't determine liability, amount of damages, etc.

Finally! The ONLY correct reply in the thread!

"Tell Jane to tell John's mom that she will be happy to get her mechanic to look at the car and if need be pay her mechanic to replair any damage!"

Got news for ya. You hit MY car, you or your insurance will pay the mechanic of MY choice. You screw around with me, and I'll make doubly damn sure he's the most expensive one I can find!

You obviously haven't had to fight an insurance company for money. Your insurance company is there to protect you. I personally have had to fight to have my car repaired because the other persons (at fault) insurance company was trying to get out of paying. This was only a $1500 claim against state farm. I can assure you that if the insurance company gets involved they will not pay him a dime based on the circumstances. Insurance companies do not just go "oh, ok our driver was at fualt here is your money". The only bad adv ice thet has been given is to deny it and not give the insurance info. That is illegal.

how is it illegal? facts from the origional post. The person offered his insurance info and the other driver refused to accepted and declared that no damage was visible to his car. Fact a month went buy with no words from other driver even do he had the other person info. With those facts its unresonable to have to give insurance info to that driver as to much time have passed from when the accident happened. If i was jane i would tell john to take a hike and if he feels he has a case then he can sue her or call the cops whatever he wants to do. Unless he has pictures of the damage and can prove that they were taking shortly after the accident the judge will not even listen to the case.

 

[Ornery]

"You obviously haven't had to fight an insurance company for money. Your insurance company is there to protect you."

If the girlfriend opts to not pay, and I have to get my insurance company involved, it will eventually come out of her pocket, or her insurance company's pocket. Either way, MY car WILL be repaired at the garage of MY choice... PERIOD!

 

[abaez]

Originally posted by: pulse8

Originally posted by: Ornery

Originally posted by: freebee
Oh shoot, the response I typed is gone...., anyhows to sum it up....

No police report is necessary. Her insurance company can and will settle. I wish people would stop giving so many false statements....police reports have nothing to do with fault, statue of limitations, % negligance, or anything. It doesn't determine liability, amount of damages, etc.

Finally! The ONLY correct reply in the thread!

"Tell Jane to tell John's mom that she will be happy to get her mechanic to look at the car and if need be pay her mechanic to replair any damage!"

Got news for ya. You hit MY car, you or your insurance will pay the mechanic of MY choice. You screw around with me, and I'll make doubly damn sure he's the most expensive one I can find!

In California, they police don't respond to car accidents unless there's an injury.

Is this the new California on Mars or something?

 

[bunker]

One thing I'd like to know is how can he prove that the damage he now wants fixed was caused by the accident with Jane?

It's been a month, he didn't file a police report with the accident with Jane, who's to say he didn't get in another accident and not file a report on that one as well?