Hi everyone. I’ll try to keep this short. Two years ago, I was in a car accident where I hit a car that turned in front of me. I had the green light, and they had a blinking light. I was driving a large SUV and couldn’t stop in time. I wasn’t speeding or distracted. The crash report says I wasn’t at fault, and the other driver failed to yield. I went through insurance, got my car fixed, and moved on.
Today, I got a letter from the other driver, who was driving a family member’s car, which was a total loss. They said it was actually my fault because I lied to the police and drove negligently. They also said I “nearly killed” the driver, even though no one needed medical attention at the scene.
This person is now asking me to send them $2,500 as a settlement or they’ll sue me for over $12k plus court fees. I’m 23 and freaking out a bit. Why is this person accusing me when I had the right of way and the police report says I didn’t do anything wrong? Insurance also took care of everything quickly. I’m in Michigan. Thanks.
@Oliver_james I called insurance and was transferred to a claims adjuster, and they didn’t seem too phased. Just said that’s not how that works and if there’s a lawsuit, the lawyer would contact them… not send me a strange letter. Told me to not worry until then.
@GregoryWish If they follow up with an actual lawsuit paper I would call them again to notify your insurance but I believe in my limited experience this is all you can do for now
@GregoryWish We deal with a lot of threats for a lawsuit.
If it gives you peace of mind, I’d at least consult a lawyer to see what they think or to prepare a defense for your position beforehand just in case the other driver is serious
@GregoryWish Don’t pay to consult a lawyer based on what has happened so far. This is 100% insurance territory. Insurance will pay for a lawyer if needed and will prepare the defense.
@GregoryWish Technically insurance can’t do anything until a legit lawsuit is presented. This could be considered a threat though too. Maybe post in a legal forum to see if a police report is needed.
The adjuster is right. There is nothing to do with an unhinged letter from an at fault party with no attorney representation
@Donald Thank you. I’ve thought about filing a police report, because they seem unhinged as a family, with this person writing this letter + the driver throwing hands with police at the scene. They live only a mile from me, so I’m a bit wary of retaliation.
@GregoryWish That’s a terrible situation to be in. Good luck and protect yourself. Desperate people tend to do the most desperate things, and this letter smells like desperation.
@GregoryWish Yeah because it’s a nothing burger. It means literally nothing.
Don’t respond. Don’t lose sleep over it. Your insurance will handle it.
As someone else stated, the 2 year statute may have run and an attorney wouldn’t even retain them. Also, you’re not at fault. So you’re golden regardless.
@thomas They would treat it as a demand letter and deny it (most likely it’s possible they make a nominal settlement offer). If it went into suit they would hire the attorney to defend the lawsuit.
@thomas You can’t send a cease-and-desist letter to parties that are attempting to assert a claim. On what grounds would you tell them to cease? That you don’t agree to their claim? It’s ridiculous.
@thomas I feel like they have the right to tell me they intend to sue… but to go on and on calling me a dishonest person and negligent driver… it caught me a bit off guard, especially when the crash report says differently. And strange that THEY WEREN’T EVEN THERE! Hold your family member accountable for the accident… not me.
First off, stop freaking out. There’s pretty much a zero percent chance that this will turn into anything, and an even lower chance that you could end up owing any money. It’s delusional.
Send the letter, with an explanatory cover letter, to your insurance company. Then put the whole thing out of your mind and go get some ice cream.