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Tom B.
Tom B., Barrister & Solicitor
Category: Canada Law
Satisfied Customers: 2415
Experience:  25 years in practice
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I was pulling out of a parking stall and saw the car behind

Customer Question

I was pulling out of a parking stall and saw the car behind me, I stopped abruptly, now the driver of the pasing car claims I hit him and he showed me a dent in his car the size of one sq. foot. My rental car has absolutely no signs of an impact neither a scratch. the other car is a 1997 Honda accord and has scrapes and dents. I rent my car and have the insurance on my visa, there is no 3rd party liability and I do not have a car insurance as I do not own a car.
Submitted: 1 year ago.
Category: Canada Law
Expert:  Tom B. replied 1 year ago.
If I understand you, there was no collision at all??Tom
Customer: replied 1 year ago.
No collision, the other driver claims there was though. My rental car was a Kia Optima.
Expert:  Tom B. replied 1 year ago.
You know how fishy this is. Was there any conversation at the time between the two of you or did the other driver just appear? What is the time difference between the near miss and showing you a dent? Has the other driver reported this "accident"?
Customer: replied 1 year ago.
He wants my insurance to be responsible. I do not know if he reported the "accident". When I showed him my car that had no signs of an impact he appeared a bit surprised, yet he keeps insisting that I hit him.
Expert:  Tom B. replied 1 year ago.
Thank you for your phone call request. However, Canadian lawyers are not allowed to take a fee for such a service unless directly retained by a client. So you showed no impact to him at the time of the incident? When did this happen and what communication have you received from him? Emails? Phone calls etc
Customer: replied 1 year ago.
It happened June 19, 2015 approx. 11:30 am. I could not leave my parking spot as the other driver was behind me and would not move. I then went out of the vehicle to see what he was doing, that's when he stated I hit him and showed me his very large dent. We exchanged name and phone #. he called me around 5 pm the same day telling me again that I should be honest etc. I just told him that I was not going to argue with him. I have not heard from him since that day.
Expert:  Tom B. replied 1 year ago.
It sounds like a failed fraud attempt.Just in case, take pictures of your car if you have not already. Specifically, take pictures of the places he will say caused one of his many dents. Otherwise, I would ignore this person. If necessary, an experienced adjuster would be able to see the age of the dent. He is the one that has to prove you caused the dent. I would leave it alone and not worry. Sometimes "sue me" is the best answer. Sincerely,Tom

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