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.