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Zachary
Zachary, Attorney
Category: Personal Injury Law
Satisfied Customers: 3926
Experience:  Lead Personal Injury Trial Lawyer
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My son contacted with the vehicle in front of him at a three

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My son contacted with the vehicle in front of him at a three way stop. There was not (apparent) damage to the other's vehicle. The reporting officer took no pictures because there was no damage. The problem was my son's insurance had lapsed without his knowledge. The reporting officer contacted his insurance broker who informed him that as far as she knew he was insurance and if not would be in an hour. The office did not arrest my son nor tow his car. The office had both vehicles drive to the police station and wait while the investigation concluded. While waiting both my son and I walked around the supposed damaged vehicle and saw no damage at all. Since then my son has gone to his scheduled court date. After the town judge heard his account of the accident had him talked with the prosecuting attorney who told him to pay the traffic fine and court costs and unless the other man responded to a letter he would sent the case would be closed in 30 days.

Issue one: there was no damage to the other driver's vehicle.

Issue two: at the time of the incident my son's insurance had lapsed but was reinstated within an hour of the incident.

Issue three: the other driver tried to submit claims to both of my son's insurance companies which were denied and also to his insurance company (State Farm). State Farm never contacted my son but "hired" a "lawyer collection agency in Texas who in turn informed my son they are trying to get his liscence suspended unless he pay over $1,900.00 in repair costs when there were no repairs needed.We made an antedotal incident report and send a copy to them informing them of the fraudulance of the other driver's behavior yesterday after my son had called and informed them that he was disputing their claim.

Issue four: In my son's mail yesterday there was a copy of a motion for restitution sent by another law firm seeking restitution of at least $250 for the man's deductible plus possible other costs. Immediately my son went down to the town court house with a copy of the antedotal incident report and had it put in the prosecutor's case folder and hopefully he and the judge will make a decision on the basis of what the report contains.

Issue five: the other driver has legal residence in Colorado while holding an Oregonian drivers license and plates which means he is/was driving illegally not having provided his insurance company with the necessary information concerning his residence. Therefore, he was in violation of this on the day of the incident and legally should not have been driving at all.

Issue six: We have check various repair businesses in the area to find out if the contact point of my son's vehicle with other man's back bumper might have been damaged and the cost to replace it is @ $385 plus labor @ $120/hr totals only a third of what State Farm authorized for his "repairs" ($1937.31).

Issue seven: Both my son, I and the reporting officer stated there was no need to take pictures because there was no damage to the other's vehicle. He is working a "scam" and trying to triple dip plus falsifying information and State Farm hasn't done an adequate job to check it out giving him carte blanche concerning the "repairs" not even providing evidence of the damage via pictures that if any were taken would have shown past damage previous to the incident with my son.

Issue eight: My son is a 100% disabled American vet who needs his car and license to travel over 200 miles a month to go to VA facilities for care. Threatening to take his lisence is cruel. Plus he does not have the money to pay for this (pardon the expression duche bag's) "cashing in and scamming" behavior.

What advice can be given to help us minimize the damage both personal and collateral?

Thanks you so much for reading/listening and advice.

Peace,
XXX@XXXXXX.XXX
Submitted: 1 year ago.
Category: Personal Injury Law
Expert:  Zachary replied 1 year ago.
Hi,

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

The first thing I have to tell you is that the threat of having his drivers license suspended is very possible. Colorado law allows for such an event when a person is found to be driving without insurance. This is especially true if there is a wreck which would have been covered by the insurance. However, based on your statement of facts, it does not appear that he was actually ticketed for lack of insurance. If this is the case, then it is unlikely that the police will go back and decide to ticket him now based on a complaint from State Farm's hack lawyers.

Your points are well taken that it appears that the other driver is attempting to defraud your son and State Farm by asserting the fraudulent damage claim. On this issue, your son must simply refuse liability.

I would suggest a strongly worded letter to the State Farm attorney completely denying all liability and informing them that there was in fact absolutely no damage to the vehicle that could have possibly run in the amount asserted for the cost of repairs. Tell State Farm that this indicates that they are the victim of insurance fraud by the insured and should conduct a closer examination of whether the damage claims filed with them by this person are legitimate before threatening your son in this manner.

Even if, through some immoral manipulation of the system by the State Farm lawyers, your son's license is suspended, he can immediately apply to have it reinstated following the procedure listed on the following page under "Insurance problems": http://www.colorado.gov/cs/Satellite/Revenue-MV/RMV/1218536116688

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

Customer: replied 1 year ago.

The anecdotal incident report covers in a comprehesive manner all these issues and was sent to T.L. Thompson and Associates, Garland, Texas, yesterday in hopes that it would let them know that further pursuit of this would not be to their or State Farm's advantage financially and to the driver of the vehicle who violated Colorado state law concerning impeding flow of traffic and the fraudulent falsification of information and third driving illegally by residing in Colorado but having an Oregon license and plates.


Question: Do you want my son/me to also send a strongly worded letter to State Farm because I'm more than willing to do so just give me a "yes."


 


Peace,


 


Bud

Expert:  Zachary replied 1 year ago.
Hi Bud,

YES. You should send the letter explaining that the insured driver they are representing was in violation of the law and is defrauding State Farm. It would also be a good idea to draft a statement for both you and your son that you take down to the bank to get notarized and include that statement with your letter. The statement of your son should have a description of the incident (how fast he was going and all the things that he heard the other driver say), as well as a description of the damage to the vehicle. Yours should just have information about the damage to the vehicle.
Zachary, Attorney
Satisfied Customers: 3926
Experience: Lead Personal Injury Trial Lawyer
Zachary and 12 other Personal Injury Law Specialists are ready to help you
Customer: replied 1 year ago.

Thanks. I got your reply and will follow through and I will rate you at the highest level brother.


Peace,


 


Bud

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