6G Celicas Forums

Alright, so lately i've been stressing out a lot, and i really need help here. I was involved in a car accident about few weeks ago when i car hit me from behind pushing me into the car ahead of me. I damaged the car ahead of me a lot and the car behind me drove away and we didn't see who it was. We didn't file a report, and we agreed to handle this outside of insurance. I ended up paying $2,000 and had her sign a paper saying that i had paid her and all payments and concerns are complete. But now she is calling me, telling me that her insurance company wants to charge me for all kinds of stuff like medical and therapy and stuff. I guess she decided to go ahead and call her insurance company either way without telling me on the day of the accident. Can her or her insurance company do anything to me after i paid and she signed the paper?

What does the contract say?

by her signing (hopefully its dated as well) she forfeited the right to go after you for more money

Car accident involving 1993 BMW 525i and 1989 Honda Accord occurred on Walnut Grove 10 freeway exit on the date of 06/22/07 between 8:00pm – 8:30pm. Third car was involved in the accident but fled the scene. 1993 BMW 525i was hit from the rear by an unknown third car forcing it forward into the 1989 Honda Accord damaging the BMW and rear end of the Accord.



By signing below, I _______________ agree to pay the amount of $___________, to cover the damages of the 1989 Honda Accord caused by the accident on 06/22/07 on Walnut Grove, and understand that all medical expenses have been already paid for.

Time: __: __ am/pm
Date: __/ __/ __

X__________________



By signing below I agree that I, ________________ have received payment of $___________, in the form of __________, on __ / __ / __ to cover the cost of repair of the rear end damage of the 1989 Honda Accord, and agree that the owner of the 1993 BMW 525i, Derrick Chin, is not required to pay for any medical fees.

Time: __: __ am/pm
Date: __/ __/ __

X__________________


This was discussed and settled at ______________________ at __: __ am/pm on
__ / __ / __.

By signing below I agree that I have read and agree to all of the above statements and confirm any and all payments and concerns relating to the accident occurring on 06/22/07 involving 1993 BMW 525i and 1989 Honda Accord have been addressed and completed.

Time: __: __ am/pm Time: __: __ am/pm
Date: __ / __ / __ Date: __ / __ / __


X__________________ X__________________






Everything was signed and dated. So can her insurance company get anything from me at all? She keeps calling me and telling me that i need to pay $3,000 or her insurance company is going to press legal action against me for not paying. And she said that if her insurance company comes after me, im going to end up paying like $15,000 so i should just pay the $3,000 now. But what i don't get is that, her car is already fixed, she signed this release, I gave her $2,000 and i thought everything was over. Do i have anything to worry about? Becuase all this legal stuff is stressing me out really bad and i just don't know what i should do about it.

Well it looks to me as though your in the clear. Maybe get a lawyer to look at it and write something up and present it to her.

yea what forkee said is right.
however...
why the hell would you even pay her?
obviously it was the car that was behind you and wasnt your fault?
i'd of just been like 'look, too bad the guy drove off, i wouldnt have hit you if it wasnt for him'

thats some crappy luck man, hope everything else goes well

Well actually now that i think about it, i shouldn't have paid her anything, but i did, and i guess i just wanted it all to be over asap. But it seems like even a month later, it's still coming after me. All i really want is this all to end, and i was actually going to give her the $3,000 to shut her up, but is it really going to end after the $3,000 anyways? I just want to get back to my life becuase i can't even enjoy life or anything with this huge problem always on my mind. I just want to go back to my simple life of going to work, and then coming home to work on my car. Thanks for all the input guys, i really appreciate it as i really have nowhere else to turn. I work all the time so i don't really have many out of work friends, and my family lives thousands of miles away so I don't have anyone to ask for help with this stuff. Thanks, I just don't want any of this to get worse and i want it all to just go away already.

1 YOU SHOULD NOT HAVE PAID HER ****!
2 YOU SHOULD HAVE FILED A REPORT!
3 YOU SHOULD HAVE CALLED YOUR INSURANCE COMPANY! (you would not have had to pay so much $$)


nononononono! you've already given her waay too much bud.

The forms she signed should hold up. It sounds like she didn't tell her insurance company that she signed those forms! Make copies, and send them to the person assigned to this claim for her insurance. Then, tell her to piss off. Also, it sounds like she's just trying to get more $$ out of you, threatening you with her insurance company. If the documents are completed, and everything is settled, then she needs some kind of paperwork that says why she would need $3K more. That just sounds really shady!

**edit**
Good call on the paper you had her sign! I would not even of thought of that!

This post has been edited by m0dd3d1: Jul 15, 2007 - 3:31 PM

I know here in MN, if an accident casues over so much $$$ in damage, by law you have to contact police (I don't remember for sure, but I think it's $1,000)... If that's the case where you are from, it could cast a very negative shadow on your situation. Just because someone signs a piece of paper you formally write up waiving their rights dosen't always mean that the will loose them. If she goes after you in court, it's a situation of her word versus yours, and you paying her any sum of money makes it look like you at one point thought you were at fault...

remind her she signed the waiver and ask if she wants it sent to the insurance company. shes bluffing you man. she want to scare more money out of you because she thinks "oh bmw, rich asian guy. prolly would rather pay me off than go through all the trouble of actually looking into things" tell her to go sit on a "something" and spin. if she wants to sue you, you will file a countersuit against her and get money for damage her rear end did to your car. from what ive read, she hasn't compensated you a dime even though you went and did the good samaritan by helping her out because you felt sorry for her car being more damaged than yours from someone that fled the scene.

sounds like blackmail to me. tell her that you will be glad to mail a copy of the contract she signed with you to her insurance company. i would also call them up directly and tell them that you believe she is trying to commit insurance fraud.

next time, you should have reported this to the ins co and let them handle this bull****. but dont give her any more money. you have insurance right? they should still cover you if you are liable for anything, so i wouldnt worry about that.

x2

My co-worker told me to get a lawyer, but i can't afford one so that kind of sucks. But if i'm going to end up paying a lawyer thousands of dollars anyways, then it's not even worth it to get one becuase of all the time i'll need to go to court and take off work. And i don't want to make this a big deal, i don't want any money out of it, i just want to be left alone. The $2,000 was nothing, i don't care about that anymore. Yeah it was a lot of money, but my car is fine, I'm fine, it could have been worse so im fine with that. But dude, this **** is so lame...

Do you have the original signed paper?

If she signed the paper she has no right to claim medical expenses against you. If her insurance company sends you anything send them a letter enclosing a copy of the signed document with an explanation of what happened.

For future reference you shouldn't have given her money and you should have filed a report. If you both stated to a police officer that another car caused the accident then the report would have read that it was not your fault. That way if a question of liability was brought up later on the police report is proof that you both made a statement that someone else cause the accident. It was good to get her to sign something. People don't realize that a contract is a contract. Of course the validity of such contracts can be questioned because they are "unprofessionally" drawn up.

If you need help writing a letter to the insurance company, if it gets to that point, i do this kind of thing daily and I'd be more then happy to look over something before you send it out.

You have nothing to worry about the contract clearly states everything was paid for so dontgive her another penny if she threatens to take you to court tell her to go ahead that you had a signed contract and that you will b brining that to court with you. You might also want to contact your insurance company and make sure that they know about the contract incase her insurance agency contacts yours. You dont want them paying her money.

BOOMSHAKALAKA!

Get in touch with your insurance company. If you were not at fault- you should be covered against hit-and-run with no docks on your record. Its makes it more difficult that you already paid her some- that, to a lawyer, will be the same as admitting fault, something you want to never do (even if you are totally at fault).

DO NOT GIVE HER MORE MONEY. Tell her to contact her insurance company, and you will contact yours. Keep the receipt that she signed. You may end up going to small claims court to get that money back- its your money, and she shouldn't have it.

Hassle free option- Tell her to take a hike. If you get a bill for $15,000 (which I doubt) then get in touch with your insurance.

Did you happen to find any witnesses to the accident besides you two (any other people in the car?)

Good luck!

I don't know why you think you need a lawyer or anything like that. If you have that form, just show it to them and they can't do a thing about it.