Does anyone out there think i might have a case? No-fault car accident, now being sued!?
Here are the facts; 7 months ago i got into a car accident.
1=I didn't have insurance at the time. (yes i know, stupid)
2=i got t-boned by an F-250 who ran a red light. i had a 4 cylinder camry. the whole left side and beam gone.
3= there was a cop in the traffic with us! he denied he saw anything.
4= same cop DENIED a witness saying that i knew her but never seen her b4!
5= there was no ticket issued. NO-FAULT.
6= the F-250 got almost NO damage! the man tied a steel chain to his truck's GRILL then to the street pole and attemted to rip it off right there! just his grill was damaged.
7= I got a notarized, written statement from the witness, which State Farm DENIED!
8= 3 months later State Farm sends me a check of almost 3g's. HALF of the estimated damage of my now totaled car.
9= Now a letter telling me i'll be SUED in 30 days if i don't pay $6,300!, they'll suspened my license AND ruin my credit!
--- Why would State Farm send me money just to ask for it?
Answers:
2. If this is true, it is NOT a no fault accident.
9. WHO is suing you? State Farm, the other driver, or the shop that fixed your car? (Was your car even fixed?)
The one thing I know for sure is they CAN NOT suspend your license. That would have to have resulted from the ticket you didn't get. Claiming they would most likely violates the law. IF they actually intended to sue, they would NOT give you 30 day notice and threaten anything, they would simply serve you with a lawsuit. My guess is whoever sent the letter is a con artist that obtained a copy of the police report. They probably sent a similar threat to the guy in the F-250.
Was State Farm his insurance? If it was no fault and then his insurance pays, it is an admission of fault on his part. I was in a no fault accident two years ago. However, the lady who pulled out in front of me at an intercession had to pay for the damage to my car. I paid nothing on hers.
As to the rest of the case, if you had never seen that woman before, you can get her in court to state such. Then she can give her version of the accident. The fact you have a witness makes your case. He ran a red light after all.
I am not sure what you are asking but let me give it a shot. If the accident is your fault and State Farm pays for the other fellow's truck, then they can sue you in subrogation to recover the money (if you have it they collect; if you don't, it's not worth much). Not sure but think that is what you are talking about b/c you didn't say why you were being sued.
As an alternative, if they sue you, or even if they don't, you could file a lawsuit against the other driver and force State Farm to pay you for your car (if their driver was at fault as you say) and any personal injuries.
As for "No Fault", that type of insurance has nothing to do with cars that get smashed up in an accident. "No fault", which is also called "Personal Injury Protection" pays for your medical bills and your lost wages if you are injured in a car accident. And they will pay for your medical bills whether the accident was your fault or not so they pay for your medical bills without regard to fault. While you have been entitled to "no fault" benefits, if you were supposed to have it and didn't, and are over 18, most states say you become self insured for your medical bills.
You may have some coverage if you live with someone who owns a car or if you were operating the car for a business or were in the course of your job when the accident happened.
Hope that helps.
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