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-   -   small claims auto accident (https://www.thehulltruth.com/dockside-chat/738857-small-claims-auto-accident.html)

KeithS 03-03-2016 10:00 AM

small claims auto accident
 
Over 6 months ago my Buddies kid was asked to drive his friend’s car because his friend was too drunk to drive. Well he ended up rear ending another car and totaled it. Supposedly no one was hurt or arrested but my buddy’s kid did get the warning. Apparently the car owners ins paid out everybody to make them whole.
Suddenly over 6 months later my buddy’s kid is delivered a writ notice of small claims looking for a total of $1900, $1395 for the car and $495 for a rental for almost a month. The writ wasn’t notarized nor signature required delivery.
Word is the kid that owned the car is less then reputable and is looking for easy money. I asked my buddy that I thought the ins paid up and he didn’t know what the $1395 was for. The only thing we can think of is the kid had a note on the car for more then what the car was worth. I also questioned the rental car fee for a month. Apparently the kid that owned the car put my buddies kid on his ins to be a driver after the fact, we don’t know how that worked but it sounds like ins fraud to me. My buddy’s kid had to contact the ins to have his name taken off.
I told my buddy to let it ride; chances are the kid won’t even be able to come up with the $100 small claims fee. What say THT?

chrispnet 03-03-2016 10:08 AM

How old are the "kids"?

KeithS 03-03-2016 10:24 AM


Originally Posted by chrispnet (Post 8779626)
How old are the "kids"?

My buddy's kid is 24 and seeing they went to school together I'm guessing around the same for the car owner. Also have to add that the drunk car owner doesn't have the best driving history, don't know if that makes any difference or not.

chrispnet 03-03-2016 10:52 AM


Originally Posted by KeithS (Post 8779594)
...Apparently the kid that owned the car put my buddies kid on his ins to be a driver after the fact, we don’t know how that worked but it sounds like ins fraud to me. My buddy’s kid had to contact the ins to have his name taken off.
I told my buddy to let it ride; chances are the kid won’t even be able to come up with the $100 small claims fee. What say THT?

...that really isn't the way stuff normally works.
Sounds like your buddy's kid and the car owner are both kind of dimwitted.

KeithS 03-03-2016 11:02 AM


Originally Posted by chrispnet (Post 8779822)
...that really isn't the way stuff normally works.
Sounds like your buddy's kid and the car owner are both kind of dimwitted.

Agreed, I don't know how they got away with it. No ins I know of would cover that, but they scammed it somehow. This is all bits and pieces third party also don't forget.

twentynine 03-03-2016 11:17 AM

I stuck on 24 year old kid.

commuter boats 03-03-2016 11:24 AM

24-year-olds should clean up their own messes...
Gerald

fishingfun 03-03-2016 11:54 AM

They need to find out if the insurance con paid the third party and what they paid. Sounds like the third party wants to collect twice which should not fly in court.

KeithS 03-03-2016 12:00 PM

Just trying to help my buddy out who bounced this off me.
fishingfun sounds like what I was saying, sounds like a scam to me. I told him to hold off and wait to see where it goes, I doubt it will go anywhere. But who knows these days with everybody being sue happy. The way I figure it, if it does go to court they can maybe fall back on the kids ins to fight it if they cover him for other auto's. Worse case is for them to lawyer up.

flcatcher1 03-03-2016 12:38 PM

It's one thing to win a small claims court case; it's another thing to actually collect on that win. To file a small claims court case without first approaching the defendant to attempt to reach a settlement is a bit heavy handed. I'd want to see if the insurance settlement included an agreement that the plaintiff accepted that payment as payment in full for all claims and damages. Did the plaintiff really need a rental car for a month? If the plaintiff's vehicle really was totaled, I'd expect the insurance company would have issued a check for the replacement value of that vehicle. Did that actually happen? Rear ended the car and totaled it - where's the whiplash claim??? I smell fish all over this one.

KeithS 03-03-2016 01:13 PM

That's pretty much what I was smelling also. Thx for the help guys.

emaier 03-03-2016 02:02 PM

What is a "writ notice of small claims?" Is that some form used in CT that must be sent to the "debtor" before suing in small claims. Does the writ say come to XYZ courthouse on a certain date and time or file a response with the court by a certaid date? If not, it sounds like a collection firm trying to scare up a payment by using some official looking document.

My guess is car owner's rights have been subrogated to his insurance company. The insurance company is now trying to collect what it paid from the at-fault driver. They may or may not be using an outside collection firm.

edit: Its not clear from the OP. Which insurance paid, the friends' or the owner of the car he hit?

colecaz 03-03-2016 03:58 PM

Does your buddy's kid have car insurance? If so, turn it over to them to fight it for you. They probably should have handled it in the first place since he was driving someone else's car. If a police report was written they'll find out about it sooner or later anyway.

Sounds like the friends insurance company is looking to be made whole by the person at fault.

magua 03-03-2016 04:09 PM


Originally Posted by twentynine (Post 8779928)
I stuck on 24 year old kid.

you did what ;? to a 24 yo

KeithS 03-03-2016 04:22 PM

[quote=emaier;8780555]What is a "writ notice of small claims?" Is that some form used in CT that must be sent to the "debtor" before suing in small claims. Does the writ say come to XYZ courthouse on a certain date and time or file a response with the court by a certaid date? If not, it sounds like a collection firm trying to scare up a payment by using some official looking document.

My guess is car owner's rights have been subrogated to his insurance company. The insurance company is now trying to collect what it paid from the at-fault driver. They may or may not be using an outside collection firm.

edit: Its not clear from the OP. Which insurance paid, the friends' or the owner of the car he hit?

It's a notice of suit that may be brought against you: https://www.jud.ct.gov/webforms/forms/cv040.pdf
It was shoddily filled out so I don't think it was a collection agency. That's why we don't know the reason for the $1395.
After this notice is sent out the plaintiff still needs to file with the court and pay the filing fee which I think is $100.


Originally Posted by colecaz (Post 8780946)
Does your buddy's kid have car insurance? If so, turn it over to them to fight it for you. They probably should have handled it in the first place since he was driving someone else's car. If a police report was written they'll find out about it sooner or later anyway.

Sounds like the friends insurance company is looking to be made whole by the person at fault.

I already suggested that they chk his ins to see if he's covered in anybody's car and let them handle it if it goes to court.
I don't think it's the car owners ins trying to collect because they would have gone for the drivers ins first, and the way the writ was hand filled out and incomplete tells me it wasn't professional.

treasure island scout 03-03-2016 04:31 PM

By the time I was 24 I owned a house, a boat, 2 cars and truck to pull the boat. And a wife and 2 kids. If I had any problems I never ran home to mommy and daddy. "Kid" omg.... Tell that kid to grow up and figure it out.


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