A followup to my post "How should I handle this"

[Big Cliff]

http://ontariofishingcommunity.com/forums/index.php?showtopic=73401&hl=%2Bbig+%2Bcliff&do=findComment&comment=835767

 

A couple of days after getting their letter I got a phone call from the driver of the Honda, wanting to know if I had received their letter and when I was going to send them the money. I told him that there was no way I was paying them the $1900.32 and to send me their insurance information because I was going to turn it over to my insurance company. They never did.

 

I contacted my insurance company and told them what was going on so they have it on record as well.

 

Yesterday I get another letter from them saying that I agreed to pay for the damages as long as it was under $2000.00 and since I wasn't going to honor my word they had called the police and filed a report. He was the one that kept insisting that the damages would be under $2000.00 so there was no need to call the police of insurance companies. They went on to say that if I didn't pay them within 30 days they would sue me in small claims court.

 

I called Parry Sound OPP and they do in fact have a report on file but the responding officer wasn't in and won't be until the 28th and the person I talked to wouldn't give me any information about what was in the report and said he couldn't send me a copy of it, something to do with freedom of information. He did give me the drivers contact information, occurance report #, and told me that the car is registered to (XXXXXX) "someone other than the driver or the passanger".

 

How is it that they could file a report like this and no one even told me about it or contacted me to get my side of the story?

 

Why is there a police report naming me and I can't get a copy of it, I am being falsly accused and can't defend myself. (mind you it is my word against his).

 

Why would I provide him with all my insurance information, (I even gave him a copy of my insurance slip) if I had no intention of putting it through insurance?

 

How can someone sue you for damages to a car that they don't even own?

 

To be honest with you this feels like an attempt to extort money from me but they seem to be playing the game fairly well. What it would take for me to have them charged with attempted extortion or could I even do that?

 

I always try to keep my word and and do right by others. Things like this eat at me and I can't sleep and I can't get it out of my head.

 

Sorry for rambling here but I value the input from you all and I don't know what I should do next.

 

 

 

 

Edited April 23, 2014 by Big Cliff

[BillM]

Sue you for what? LOL!! They are talking out of their asses.. I wouldn't even bother contacting them anymore, let your insurance company deal with it, that's why you're paying those monthly fees year after year!

[Sinker]

I can't believe it, but I completely agree with Bill.

 

(don't tell anyone I said that )

 

Just ignore it Cliff.

 

S.

[e-z-out]

I'm with bill and sinker on this one Cliff just forget it they have no grounds to sue.

All the best my old friend

[BillM]

I can't believe it, but I completely agree with Bill.

 

 

 

S.

 

There's a trend happening here Shane! lol!!! I can't believe people even attempt shady crap like this... 'Send me some $$$ or I'm suing..' unreal.

[pairofgreenhorns]

Dont fret that there is a report in your name, i would write a letter back to this scammer and in that letter write that you never said anything about paying up to 2000 and that you in fact suggested that you go through insurance. in this letter write down what he said about not wanting to go through insurance and that he refused to give you the insurance info. do not put anything in this letter that would be considered admission of guilt including offering a smaller amount of money.

 

I wouldnt worry to much, I would just let it play out.

[manjo39]

Would be interested to hear a lawyer's advice on charging him with extortion.

[SirCranksalot]

2 bit scam artists. ignore them. If they spent as much time trying to earn an honest $ they'd be farther ahead!! Don't lose any sleep--the scum will drift downstream.

[Cast-Away]

Tell them you moved to Nigeria and need $100,000 seed money to start up a new business that they can invest in

[jimmer]

I'm with everyone else on this. Too many scumbags out there setting up these type of accidents, then threatening to sue if you don't pay. Let the insurance company deal with it.

[fishing n autograph]

Contact the OPP officer when he is in. Often times the dumb dumbs walk into the front desk and say I wanna report an accident. They tell their story and then we are stuck getting in contact with the other driver who usually has a completely different story. No one ends up getting charged because a) the collision is on private property and the highway traffic act doesn't apply and an officer didn't attend.

 

The reason why we don't release info like that over the phone is because of privacy laws. The freedom of information act allows you to apply toget that report. Which basically means you take te incident number to their collision centre etc and you get a copy.

 

The cop that took the report should have told the scammers to pound salt because you guys entered into a civil agreement.

[Big Cliff]

Thanks for the replies!

 

I don't think ignoring this is going to make it go away, I think they see $$ here and are going to do what ever they can to get that money. Even their comment about me agreeing to pay up to $2000.00 out of my pocket doesn't make any sense. I have never had an at fault accident (a guy did run a red light and T-boned me about 5 years ago) and haven't even had a speeding ticket or any moving violations in over 30 years. What reason would I have for not wanting to put this through insurance, it isn't likely to affect my rates. My only thought at the time was that if the cost was at or near my deductable I might as well just pay it out of pocket.

 

I am going to wait until Monday and talk to the officer that took the report then try to figure out my next step. If he put in the report that I agreed to pay up to $2000.00 then he has filed a false police report but I am not sure anything can be done about that, it would be his word against mine.

 

Right now I am thinking I might just go into my local detatchment with all of this and their letters and see about having them charged with attempted extortion although right now I just want to fight back, I may have calmed down by the time I talk to the OPP on Monday LOL.

 

He never did go to a colision reporting center, just a body shop (6 weeks after I dented his door) and got the estimate. Who knows what he told them he wanted done.

 

Thanks again gang, I'll update as this goes along.

[TrippyJai]

Ignore him, you don't need to talk or deal with him again. You either pay him the money and tell him to write you a note saying you paid for all the damages and everything had been dealt with or tell him to go through insurance to get his car repaired.

 

He can quote you on how ever much he wants and even choose not to repair his car after getting the money from you. What he should do is give you a copy of the estimate though so you can see for yourself. The quote he is giving to you is a settlement deal. You can choose not to pay and again, let him deal with insurance.

 

I've been in many accident where I wasn't at fault. I take pictures of the damages, their driver's license, insurance paper, then make them sign a paper stating they were at fault and agree to pay for all damages. You are suppose to file a collision report, but I never do this since I have all the info I need.

 

We both meet up at the dealership and some people can't afford to pay the quote. I usually give them a week so they don't have to go through insurance because it's better to pay out of pocket if you can or your insurance rates sky rocket and you end up paying more.

 

If they pay me, then I write them a note and signing it saying they have paid for all damages. If not, then I take it to the insurance company, send them all the info and pictures I took down. They will take care of me by fixing my vehicle and providing a rental car.

 

He either doesn't have insurance and wants to cover his butt or he's trying to pull a fast one. LOL at him saying he will sue you.

Edited April 24, 2014 by TrippyJai

[BillM]

Cliff, the officer would never put in the report that you said you'd give them up to $2000 for the repair.. Never, ever... that's the last thing you should be worrying about. Please keep us updated.

[fishing n autograph]

That stuff doesn't go into an MVC report... It's driver and vehicle 1 and 2 and how the collision occurred

[Sinker]

ignoring it might not make it go away, but it will force him to go thru his insurance IF he does indeed want to repair the car (which I highly doubt!!)

 

S.

[Big Cliff]

All of your replies are very much appreciated!

 

That is good information about the information in a MVC report (can you tell I have no experience in stuff like this LOL).

 

My concern is that if I ignor this, the next thing I could get is a notice of claim from the Small Claims Court? Now I have to file a defence and then I could end up having to appear for a discovery and then even have to appear in small claims court (all in Parry Sound). Ignor that and I could be found guilty by default and a judgement issued against me. Believe me I have seen some really strange things happen in small claims court! It doesn't always matter who is right or wrong, it is how the judge feels at the time.

 

Once I have talked to the officer in Parry Sound on Monday I'll have a better idea of what is really going on and then try to formulate a plan on how to handle this.

[redpearl99]

you are worrying wayyyyyyyy too much about this. I deal with claims like this every day.

 

You pay for insurance for a reason.... let your insurance company take care of this. You don't need to talk to him at all.

 

Even if he sues you for a million dollars it will be your insurance company who will hire a lawyer and file a defence. You dont do anything.

 

The only thing you're gonna do is write some angry letter or make some heated comment that is going to be used against you later on.

[redpearl99]

BTW.......there is no discovery in small claims court and there is also no such thing as a finding of guilt

[John Bacon]

My concern is that if I ignor this, the next thing I could get is a notice of claim from the Small Claims Court?

 

Perhaps someone can correct me if I am wrong; but I think that notice would include a space where you can fill out counter claim for damages to paid to you. You are the victim of harassment. Perhaps you could point that out to them if they contact you again.

 

I don't see what their claim would be. You are not preventing them from receiving damages; you are simply informing them that it will be the insurance company, not you, signing the cheque.

[moxie]

Dont fret that there is a report in your name, i would write a letter back to this scammer and in that letter write that you never said anything about paying up to 2000 and that you in fact suggested that you go through insurance. in this letter write down what he said about not wanting to go through insurance and that he refused to give you the insurance info. do not put anything in this letter that would be considered admission of guilt including offering a smaller amount of money.

 

I wouldnt worry to much, I would just let it play out.

Do not contact them!!

[BillM]

Do not contact them!!

 

Yup, let insurance deal with it.. I wouldn't be writing any letters to anyone.

[redpearl99]

 

Perhaps someone can correct me if I am wrong; but I think that notice would include a space where you can fill out counter claim for damages to paid to you. You are the victim of harassment. Perhaps you could point that out to them if they contact you again.

 

I don't see what their claim would be. You are not preventing them from receiving damages; you are simply informing them that it will be the insurance company, not you, signing the cheque.

1) you wouldnt fill it out on the same claim. You would need to file a defendant's claim

2) you cannot sue for harassment in Canada... it's not recognized as a cause of action

3) their claim would be for property damage and for possible personally injuries. If the plaintiff goes and gets a lawyer you can bet they'll sue for hundreds of thousands or a million dollars...... but will end up settling with the OP's insurance company for a fraction of that

[fisher]

The fact that you notified your insurance of the situation should put your mind at rest. I wouldn't worry any more. You did everything right. He probably did not have insurance or a licence at the time and therefore can only settle this matter with you given that he should not have been driving to begin with. Your gut tells you that and it's likely true. That also removes any possibility of him following up in court (which won't fly either since this is a traffic matter that should be resolved through insurance). Any judge would throw this out even before it starts.

 

As a reminder to anyone involved in any accident, get the other parties information even if it was your fault (including licence number, address and insurance policy number) and check for their validity (expiry date and that the names/pics match the driver). If any of these are not valid or present, call the cops as they should not have been on the road. Also, take video

 

Last year a guy side swiped me. I stopped and immediately got out and took a video of he accident showing me in my lane and his car rubbed against mine and half in his lane and half in mine. The video also showed him just getting out of the car and I kept rolling while I asked him what happened. He said he didn't see me and was sorry.

Later at the reporting centre he tried to tell the officer that I waived him in and that it was snowing and wet. I pulled out the video and it clearly showed the position of the cars, the roads dry, the sun shining and him apologizing. I was fortunate to have that video. The cop laughed and turned to the guy and told him he was 100% at fault. My 1997 car that ran like a dream was a write off.

 

Anyway, I wouldn't worry. In a few months you'll forget about all this. Just try to start forgetting sooner. Life is too short to worry about this kind of stuff. . You have absolutely nothing to worry about. Not like you killed anyone. And as someone else said, at least he did not say he was hurt. The max damage you are looking at now is $2000, which has already been deemed ludicrous for a 2000 car and even so, it is your insurance that will deal with. And even that is highly unlikely given that a claim will not likely be filed. So, sit back, grab a drink and go catch some fish. Trust me, this will all blow over. stop thinking about it from now on.

[Old Ironmaker]

What's going on here Big Cliff? In the original thread and this one everyone, I mean everyone is telling you to let your insurance handle it, yet you insist on trying to handle it yourself, contacting the cop Monday, wanting the dufuss charged by the crown (which is never going to happen, they have big fish to fry) worrying about being sued in small claims. If I didn't know any better I would say you don't have any insurance or would have called them to deal with this months ago or whenever it was. Now they might say why are you telling us now, you should have called the first day, there even may be a statute of limitations for you to report, it may be one year if I recall so you are OK there, but what exactly are you waiting for?

 

It sounds like your sensibilities have been ruffled and can't believe you are being targeted. Don't take it personally, Fraud happens thousands of times a day in Canada. You are taking it very personally. I have to ask again why don't you want to let your insurance company take care of this? You are either the most stubborn Cliff I know of, don't have insurance or are actually at fault for this accident.