need legal advice. non domain related. all alone here

[Kid Kool]

This happened in the state of Arizona


Okay,

I got into an accident with the neighbor sirectly across the street from me. I had backed out and my car was fully in the street and just as i finished backing up and then she backed out and hit me. My car was fully in the street but only her back wheels and backend of her car had made it into the street. There was very little cosmetically noticable damage to my car though the other car did sustain some damage to the back corner. I didn't have any insurance at the time, so i didn't want them to call the cops because i didn't want to get a ticket for not having proof of insurance and the accident seemed quite minor.
Then two or three days later the husband comes to me with an estimate for $2500 and demands that i pay it or else he will call the cops. I told him he should just go through his insurance company and if he wanted to call the cops to go ahead, because i didn't think the accident was my fault and i wasn't going to be blackmailed into paying some huge bill. He said he didn't want to go through his insurance because his rates would go up and that he was going to call the cops. I have not heard from the cops but have since purchased insurance since i do not want to be in this situation ever again.
Apparently the guy has stopped by the house numerous times to talk to me but i have not been home and my roommates have answered the door. He supposedly left a copy of the estimate and a note about how i supposedly "left the scene". However i did not leave the scene. I stood outside and talked to him for a good twenty minutes after the accident and we both went our separate ways. He just didn't call the cops.

There were no witnesses to the accident. No police report.

I need someone to give me advice and how i should defend myself. I don't know what he is going to do next. I wish he would just leave me alone.

The approach i have been taking is just avoid him until his insurance company contacts me or he files some type of suit.

One thing I'm afraid of is that he will file suit and i will not know about it and somehow lose by default.

The guy is totally a hard ***, and would not likely accept any type of settlement. He maintains that I'm totally at fault because his wife had "barely even got her back wheels in the street".

there were no injuries

Need some advice.

[nameslave]

I'm not a lawyer but hey, I have had a similar situation happened to me except that I'm fully insured and my car was actually parked outside my house. That was the ONLY time I left my car parked outside for more than 30 minutes because my driveway was doing some maintenance work AND this guy (a young fellow probably with a new license) hit it with the back of his car when he backed out from his driveway, yes directly opposite to mine. I was lucky: he admitted that it's his fault (something you never do even when it's really your fault) and agreed to pay for the damage. The next day, I went to an established (auto) body shop to get an estimate; that evening, the lad came with his father and gave me a cheque which rounded up to the next hundred. Happy ending.

Good luck to your case, and hopefully one of our lawyer members would render some comments.

[Domstar]

If you are intimidated by the neighbor, I'd be the one to call the cops. Usually the one that makes the call has the favorable position. If the accident was exactly as you describe, both parties would be at fault. (failure to yield from a private drive). Only those cars in the road, traveling in the correct direction have the right of way. Backing into the street, or parking, etc. are secondary positions.

If you want to keep peace with the neighbor, hire an attorney to write an opinion letter (who will tell you the same thing I just did, but he/she will put it into writing.) Show your neighbor the letter and invite them to seek their own attorney to seek a 2nd opinion. I think most attorneys are going to say "each side pay their own way."

Otherwise, call the cops... If it were me, I'd go with the "we were both wrong, we each pay our own." But that's just me.

[Mr Webname]

I didn't have any insurance at the time, so i didn't want them to call the cops because i didn't want to get a ticket for not having proof of insurance and the accident seemed quite minor.

You are at a disadvantage - it seems that you have more to lose because you were uninsured and therefore breaking the law.
Tell him you think the repair charge is too high and ask him to get 2 more quotes from other repair shops so that you can chose between them.

[Domstar]

Originally Posted by Kid Kool

The guy is totally a hard ***, and would not likely accept any type of settlement. He maintains that I'm totally at fault because his wife had "barely even got her back wheels in the street".

He just lost. By him saying "barely got her back wheels in the street" he just admitted she failed to yield. You are still in the same position, but there is no way this is your sole fault, it's just a mutual fault situation. Also, Arizona is a no-fault state. (on the civil side: In an accident, under no fault laws, your auto insurance company will pay for your damages (up to your policy limits), regardless of who was at fault for the accident. Any other drivers involved will be covered by their auto insurance policies.) "Fault" only comes into play if the state wants to prosecute for injuries, 3rd party property damage, etc.

You can also goto the county bar association and get a free 30 minute consultation from an attorney. (yellow pages, look under attorny or attorney referrals. Take his letters, your pictures, to the attorney. They will give you their opinion for free andl probably charge you $200-400 to write the letter.

P.S. I'm not an attorney, but I did live in Arizona for 13 years.

[domnet]

Originally Posted by Domstar

Also, Arizona is a no-fault state. (on the civil side: In an accident, under no fault laws, your auto insurance company will pay for your damages (up to your policy limits), regardless of who was at fault for the accident. Any other drivers involved will be covered by their auto insurance policies.) "Fault" only comes into play if the state wants to prosecute for injuries, 3rd party property damage, etc.

P.S. I'm not an attorney, but I did live in Arizona for 13 years.

Are you sure Arizona is a no-fault state? I thought they operated under the tort liability system.

[Domstar]

They were when I lived there. (thru 1996)

[Acro]

What a jerk this guy is. File a police report for harrassment.

[RMF]

Asking for more estimates on the damage would probably be a bad idea. Wouldn't that make you look like your at fault for the damage and that you intend on paying for it?

RMF

[Mr Webname]

Originally Posted by RMF

Asking for more estimates on the damage would probably be a bad idea. Wouldn't that make you look like your at fault for the damage and that you intend on paying for it?

RMF

Depends whether you are wanting the police involved or not - the accident liability is one issue - being in the public road without insurance is another - whichever you chose you get clobbered.

[jberryhill]

I don't know what a policeman would make out of a guy reporting an accident several days after the fact, solely to have him issue a citation for driving without insurance.

If, as others have suggested, it is a no-fault issue, then your failure to have insurance does not have any effect on your potential liability for damage to his car in a civil suit. The only issue there would be whether you were responsible for the damage to his car. Not having insurance did not damage his car. For all I know, you might have been on your way to go buy insurance.

Can he sue you without you knowing about it? Providing notice is a fundamental component of legal action. Without looking at AZ small claims procedure, it is a good bet that the plaintiff is required to send notice to you in some way that is likely to get your attention.

[Kid Kool]

Originally Posted by jberryhill

I don't know what a policeman would make out of a guy reporting an accident several days after the fact, solely to have him issue a citation for driving without insurance.

If, as others have suggested, it is a no-fault issue, then your failure to have insurance does not have any effect on your potential liability for damage to his car in a civil suit. The only issue there would be whether you were responsible for the damage to his car. Not having insurance did not damage his car. For all I know, you might have been on your way to go buy insurance.

Can he sue you without you knowing about it? Providing notice is a fundamental component of legal action. Without looking at AZ small claims procedure, it is a good bet that the plaintiff is required to send notice to you in some way that is likely to get your attention.

Having said that, I'm wondering if there is a way to find out whether or not he has filed a complaint without speaking to him directly. Is there anywhere i could call to find out? His insurance company has not contacted me yet. I have about 5 other roomates and i believe he dropped off a copy of the estimate and a note several days ago, but i was not there and one of the other roommates accidentally threw it away before i could ever see it.
Also, if he did call the police several days later as he said that he would when i refused to pay his "bounty", why haven't they called me to get my side of the story? Is it possible for them to issue me citations without me ever knowing about it?

[domnet]

Originally Posted by Kid Kool

Having said that, I'm wondering if there is a way to find out whether or not he has filed a complaint without speaking to him directly. Is there anywhere i could call to find out? His insurance company has not contacted me yet. I have about 5 other roomates and i believe he dropped off a copy of the estimate and a note several days ago, but i was not there and one of the other roommates accidentally threw it away before i could ever see it.
Also, if he did call the police several days later as he said that he would when i refused to pay his "bounty", why haven't they called me to get my side of the story? Is it possible for them to issue me citations without me ever knowing about it?

Here is your answer: Arizona small claims procedure.

http://www.superiorcourt.maricopa.go...mallclaims.asp

Note that the service of process requires you to sign a return receipt sent via registered mail or through a private process server...I don't think you should worry about not being notified and losing by default. If it was that easy everyone would be suing everyone!

[Kid Kool]

Originally Posted by domnet

Here is your answer: Arizona small claims procedure.

http://www.superiorcourt.maricopa.go...mallclaims.asp

Note that the service of process requires you to sign a return receipt sent via registered mail or through a private process server...I don't think you should worry about not being notified and losing by default. If it was that easy everyone would be suing everyone!

Thank you. That was very informative!

[jberryhill]

"I am wondering if there is a way to find out whether or not he has filed a complaint without speaking to him directly."

Um.. maybe I wasn't clear. Service and notice are part of the process. As pointed out above, the rules require it. A judgment arising from a failure of proper notice to a party can be set aside on that basis alone.

[Kid Kool]

Originally Posted by jberryhill

"I am wondering if there is a way to find out whether or not he has filed a complaint without speaking to him directly."

Um.. maybe I wasn't clear. Service and notice are part of the process. As pointed out above, the rules require it. A judgment arising from a failure of proper notice to a party can be set aside on that basis alone.

Okay thanks. I'm just being extremely careful here. Up to this point i have defended myself pretty well under the circumstances and the other party has made the majority of legal blunders so far. However you know how these things go, one wrong move and it can be all over for you. The thing is, I'm really all alone here. I have no money, no lawyer, nothing. All i have is my wits and the ability to argue my case from my point of view. This guy has everything, nice cars, house, all the money in the world.

If he did in fact call the police as he threatened to days after the accident, is there any reason why they wouldn't contact me to get my side of the story?

If he contacted his insurance company, is there any reason why they have not called me yet? Could it be possible that after he explained the accident from his point of view they concluded it was likely his wife's fault and that the case against me is fairly weak and not worth pursuing further? I was always under the impression that the other person's insurance company would contact you promptly after an accident.

[Domstar]

Originally Posted by domnet

Here is your answer: Arizona small claims procedure.

http://www.superiorcourt.maricopa.go...mallclaims.asp

Note that the service of process requires you to sign a return receipt sent via registered mail or through a private process server...I don't think you should worry about not being notified and losing by default. If it was that easy everyone would be suing everyone!

Actually Arizona has a "service by publication" option as well. It's rarely used and in this case, I think impossible, as he's your neighbor and he well knows where you are. The only time the "service by publication" will hold up is if the person is ducking service or the whereabouts are unknown.

Also, I wanted to add... I think we are making a moutain out of a speedbump here. The only think I'd do if I were you would be to goto the bar association and get a free legal opinion and that letter if the cost is not prohibitive of you. Other than that, sleep well.

[HOWARD]

All courts have "dockets" which are a chronological history of all cases that have been filed in a particular jurisdiction. All you have to do generally is call or go down to the Court Clerk's office and ask if there are any law suits against you. It's as simple as that. However, as John said above, no judgment can be enforced if there is improper or no service on the defendant.