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CalAttorney2
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10238
Experience:  Civil litigation attorney for individuals and businesses.
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A neighbor who just moved in to the neighborhood in a

Customer Question

A neighbor who just moved in to the neighborhood in a half-way house in Miami gardens Florida. Said that on one Thursday morning 5 am he was walking on the side walk by our home and was bump by my husband who was in his truck. And my husband after locking our gate got back into his truck and proceeded to drive out the driveway after he looked both ways. About a second m husband heard a thump, as if someone tap his truck. My husband got out and it was a man sitting in the middle of the rode. My husband ask was the man ok, did he need help, or medical attention, The man got up shook my husband hand and walk off. My husband waited a few moments to see if the man would wait until he called for help. Was gone. The next day on our mail box was a flyer from a business for services of people who needed care services. Written in a pen on the card from a unknown business was the neighbors name saying he was in the hospital, and that this was his lawyer name and cell phone number. My husband contacted the guy and ask him what was this about. He said he was in the hospital and needed a screw, and wanted our home owners insurance because he was hit o our property, the first lie. Then e wanted our car insurance info. But my husband said we would look into it further. So I knocked on the resident of this man. And to my surprise it is a half-way house in this residential area with kids and us older people. The house is full of men who were young and old. The house had a stenched odor of smoke, alcohol, uncleanness, it smell really musty. But the guy who answered said it was a half way house and the guy was on the corner selling water the same day he claimed he was bump by my husband truck. Well that same day I said he's working on a corner selling water, so he's not hurt. The guy said he didn't know. So four days later I come home and a guy is sitting on the ground in the front of our home. Next a police officer was talking to him, so I ask my husband to go and see what's going on. Finally the officer came over to talk to us, and said this guy have no case after walking off and not reporting the accident days later. Somebody in this house is trying to commit fraud from us. So now today we get a letter from an Attorney saying we need to respond in thirty days. Okay we need to know how we proceed with this. Thank you
Submitted: 1 year ago.
Category: Legal
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

I fear that you do need to retain a lawyer here.

I do think that you are being defrauded (and I don't know what these people told the lawyer - any decent lawyer wouldn't have taken the case if they had any idea what actually happened), but the best way to extract yourself from this situation is to hire a civil litigation attorney to contact their attorney and help get this matter dealt with now.

You have 2 options to do this:

  1. You can hire a civil litigation attorney, and pay out of pocket yourself. I don't think it will cost all that much because this is a bogus case and your attorney should be able to deal with this without a lot of time and money. (I of course cannot promise it and it may take much longer).
  2. Short of that you can "tender" the claim to your insurance carrier and let them deal with it. This will result in a claim against your insurance (some people are very upset about tendering a claim to their carrier - I try to recommend this as that is why you pay for your insurance every month), but this is up to you.

If you do tender the claim (just contact your insurance agent, and send them a copy of the letter (send your own 'cover letter' with it), and the insurance will deal with the problem.