I need your guys help. If there is anybody from Minnesota or you know somebody from here. I need to know if there was anybody in the downtown area of Minneapolis on the night of Dec. 6th. There was a big monster truck show. Got into an accident and the guy hit me. Now hes suing me for hitting him. I need to find a witness outside the two vehicles. I'm trying anything right now. So if someone can throw me a bone or offer me some advice that would be great. bmas1@yahoo.com Thankyou, Bret
Few Questions 1> Was the police called? if not why any time you get in a wreck CALL THE COPS, no matter how minor, this is the reason why... 2> Were you by yourself? 3> Was he by himself 4> Do you have a Lawyer 5> What is he sueing for (personal Injury or Damage) 6> Where was the damage on Your Car, and Where on His car 7> Is your state a "no fualt" state? Lets start with those
1.The police were called. We exchanged info, he left before the cop got there. Said "cops wont do nottin for me" 2. There was me and 3 others. 3. He told his insurance that he had one witness in his car but there was more than two people in there. 4. No lawyer yet. 5. Hes suing for damages. No injury accured. 6. This is the funny part. He turned into me. Damage is on the side of my front corner panel. His is on the side door. So then when he gets back in his van doesn't wait for me to move. Pulls forward and drags it across his whole back half. 7. Yes my state is no fualt.
did you wait for the cops to come? if you did he commited a "hit and run" if you did not you only have yourself to blame, ALWAY talk to the police, it gets the matter on the record, and the police will determin if the wreck is party A or B's fault, excpet in no fualt states, where there is no fault to be Determined, but it is ALWASY useful to have it recorded and statments give AT THE TIME of the wreck and if your state is a "no fualt" state I dont beleive he can sue you, as ALL accidents are automatically rendered as 50% fault to both parties, meaning eash party pays his/her damages I dont aree with this law, but I beleive that is how It works
I think the no fualt law in our state is for injury only. i did wait for the cop. He said it wasn't a hit and run cause me and the guy in the van exchanged info. The police report center said the cop wouldn't file a report cause the other driver wasn't at the scene. I have the badge # from the officer incase i need to contact him. We asked the insurance company to look at the two vehicles so they could see that i could not have hit him. My problem is that his van is already fixed and they said they didn't take any picutres of it. Can that help me in any way?
first, there is no way that can make the Law just apply to injury... if the accendint is NO FUALT, the accdent in NO FAULT Second the Police MUST file a report on any accident no matter if all the parites are there or not I will be Filaing a Complaint with the Police dept for not doing there jobs.... Third if he has not Proof other than his word I would say he is SOL Are you talking with YOUR insurance compnay or His? Besides the Fact that he can not sue you Directly as you have Insurance to Protect you from that, so in all reality you should be Sending all Communitaions to your Insurance company, and let them handel it, that pay big $$$ for their lawyers
Well my insurance company says that they will just pay it out and not go to court which means my rates go up. Thats not going to happen. I'll call down to the Police station today to see what they say about the report thing. The only reason he is going to file a suit is cause his company denied my claim so we threatend to sue him. Now the thing I don't get is, he hit me so i file the claim the next day with his company, they say go get a estimate so i do, send to them no word from them for 2.5 weeks. call up no one will take my call. o.k. then i get a hold of a manager over there and he says denied. I happen to go to the next monster truck show and guess who i see on the road, same van but his shit is fixed. I ask his company why his stuff is fixed, "o-well he has colision coverage" So i think no matter what this guys rates are going to go up so why doesn't he just take the fall?
if this is your ONLY claim your rates should not go up, if they do i would switch companines I have 3-4 Claims on mine for varions items, rock hitting a windshild, vandlizim and one accdent and my rates never wne t up that should be illegal if you think about it you have to pay this preminum for insuracne, but you can nver use it or we will just charge you more then the question is why have insurance
There are alot of people from soundillusions that are from Minn. I suggest asking over there. If a claim was being filed against you, he would have to have had an adjuster come out from your insurance company. Otherwise, the insurance company could argue the damages were not a result of the collision with you, rather from a prior collision. Also, any time a claim is made with ANY insurance company pictures MUST be taken.
I think Mike pretty much covered everything, but I don't see how his word will hold up in court if it gets that far. It'll just be your word against his, period. You can bring up the part about him not staying for the cop to arrive and the fact that his van is already fixed. If he didn't take pictures of the van prior to getting it fixed, and the cop didn't file a report, you could almost say it never happened.... (don't do that though). This is a bad situation to be in...hope things work out man.
thanks for your help guys. i'm going to sit down with some people today to see what we can't do about this whole situation.
Well I guess this comes as good news. Hes dropping the suit. Maybe he decided that he isn't going to win. I was driving a company vehicle and we don't thnik will fix it. We can buff most of the stuff out and I can probably fix the turn signal myself. Its a leased car so its gone in awhile anyways. Thanks again for your help, Mike you gave me some good advie. If something surfaces again in the next month I'll let you guys know. Maybe I broke his neck when he hit me and he hasn't felt it yet. Thanks again, Bret
