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TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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i do not know what i should do...my case is complicated....i

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i do not know what i should do...my case is complicated....i was in a car accident and yes it was completely my fault but the victim and i decided to work it out (out of pocket) there was even a police officer who said we can work it out by ourselves (so no police report also) so we contact each other and decided to meet the next day so a mechanic i trusted could also see the demages and she never answered the phone...i would call and nothing....so later my parents received a call from their car insurance stating that a claim was picked up ...so alright we decided to go along with the claim and in the middle of the process she called me saying that she took out the claim so it will be better to see the car and pay here and i told her i will talk to my adviser and then my adviser informed me that the claim was still on and not only that it was under total lost of the car and she had injuries which was not true.(car was only hit in the right side of the passenger side and it was a little bump.) so i informed her i was not allowed to do anything yet and she said okay (the same day because i was not able to answer my phone due to work she told me she was going to make sure to take away my license for 10 years.) okay so the claim got out and im all about paying back,but i think i want to go to court first because i dont want to talk to her nor make business directly with her because how she tried to get my money twice already.not only that she has been leaving me a lot of voice messages which none of them offended me as the should because she keeps on telling me how im going to loose my license for sure this time and no amount of money would matter to her,but today was the final straw.she was telling me all the usual things she usually does but now she says that she will go to my house (HOW THE HECK DID SHE GET MY ADDRESS??)and talk to my parents which is worthless because i am 20 and they now the situation( i get the feeling she thinks im younger ) but she started saying something like karma is a b**** and it will happen to me and she goes on and on but i dont mind. she called back later saying she will investigate my parents immigration background and that pissed me off. my parents are citizens ,but im angry at the fact that she A) jumping in conclusions thinking my parents are immigrants 2) why is she involving them? 3)Invasion of my privacy.

please help me out i am not sure how to handle this!thank you
Hi,

Thank you for your question and I'm sorry to hear about your situation.

First of all, I want to be clear on something:

You did not actually pay her anything out of pocket, correct?
Customer: replied 3 years ago.

no because we did not come to an agreement to meet.

Thank you for your response.

First, tell her that she may no longer contact you and that if she further contacts you or threatens you, you will file charges against her for criminal harassment and seek a restraining order. If you feel its gone to far already, then you should go ahead and contact the police, tell them the situation (stressing the fact that she has threatened to come to your house and has threatened your parents), and ask for a restraining order.

Second, she has no legal basis to threaten your drivers license, so you should not be concerned about that.

Finally, you need to contact your insurance company's claims adjuster and tell them exactly what is going on and ask them to deny the claim because you are going to contest that it was your fault. They may insist on paying the claim anyway, but you can ask.

In the end, your insurance company has an independent right to settle the claim. If they do settle the claim, then she will not be able to sue you. However, you can inform the insurance company that you do not wish to settle the claim and that you believe she is lying and is not injured and on that basis wish to contest.

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am compensated by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.

Best Regards,
ZDN
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