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Ely, Counselor at Law
Category: Personal Injury Law
Satisfied Customers: 102601
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I apologize for the novel... its a lot. I was in a car accident

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I apologize for the novel... it's a lot.
I was in a car accident on November 26. My then boyfriend and I were fighting so I went to drop off his assests at his apartment and be done with him. I parked in the driveway next to his (all connecting driveways, 3 in a row) so he could park in his own and I could leave without conflict. He purposely parked behind me blocking me in so I could not leave. I felt threatened so I locked my doors and waited. He came to my window, I cracked it enough for him to speak and he harassed me about money he thought I owed him. I said I didn't owe him anything and he didn't like my answer so he tried to reach in my car and hit me. When he couldn't reach me he bent over and spit in my face through the crack. Out of fear for my life, I threw my car in reverse and backed into his to get away. He had a weapon him on... I left that out in the police report because I was scared so I know that is no help. He was threatening me and telling me to leave and not call the police but realizing I had just wrecked our cars, I called the police and we were both arrested for Domestic Violence. My charges were dropped so they could pursue him for Battery. However, we both had American Family Insurance, both had the same Agent, and both were on the same policy number. They fixed his car and not mine because according to his story, they considered mine an "intentional act" so I was denied repairs and when I tried to fight that, they threw my charges and our court proceedings in my face and harassed me saying I was trying to kill him. 6 months later, I'm receiving letters from American Family and now Evans and Dixon Attorneys at Law stating that I owe them for the property damage to his vehicle. If he and I had the same policy number at the time of the accident, how can they do this? Is there a way to counter this? I have already spent thousands of dollars on a therapist for emotional damages from our relationship so I have no money and the only thing I own his my car that is still not fixed because I cannot afford to.
By the way, I have since canceled my insurance with AmFam. I tried to contact my agent but because he is friends with my now ex, he wouldn't respond to me. Help me, please.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am sorry for your situation. Can you please clarify here - did you (1) simply get a written demand, or (2) were you served with a suit in regards XXXXX XXXXX matter?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 4 years ago.

They are just written demands. Started with American Family and now from Evans & Dixon, LLC

Thank you, L.

Understand that just because they have demanded repayment does not necessarily mean that they have a case. They may be attempting to scare you into paying.

To sue in a state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract," "negligence," "fraud," "unjust enrichment," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state.

To sue for an "intentional" (as they claim) damage to the vehicle, one would sue under the cause of action of negligence.

However, due to the mitigating factors, it is unlikely that they would be successful in a lawsuit. They likely know this as well. Someone in your situation may wish to write back a letter stating that (1) you are not responsible, and (2) if they do sue, then you would have the matter dismissed/won and may later sue for malicious prosecution. The elements of malicious prosecution are (1) that defendant initiated, continued, or procured the proceeding of which complaint is made; (2) that defendant in doing so acted without probable cause; (3) that defendant must have acted with malice; (4) that the proceedings terminated in favor of plaintiff; and (5) that plaintiff sustained damages. See Thompson v. General Finance Co., Inc., 205 Kan. 76, 91, 468 P.2d 269 (1970).

Let me know if you need such a letter example.

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