Car accident at fault, Insurance sent debt to a collection agency, but they are charging me damages I didn't make to the car.

Asked about 1 year ago - Memphis, TN

Hi, about 9 months ago I had a car accident, I was driving a family members truck, I didn't know truck didn't have insurance, I had an accident due to the icy weather. I was at fault and went to court and paid a fine for not having insurance, I never got a call from the other lady's insurance so I called them several times with no response, until now I received a letter from a collection agency that I owe about $4,200 but the receipts don't explain exactly what was fixed the only thing that does state is that 4 tires were replaced but I didn't damage the tires and even in the pics they sent proves it, but they don't want to reevaluate the damages, They said if I don't my license will get suspended, I'm not denying to pay but I want to pay what I damaged. What should I do? Thanks.

Attorney answers (4)

  1. Stephen Alan Sauer

    Contributor Level 16

    3

    Lawyers agree

    Answered . Tennessee has a one year statute of limitations on injury claims and three years on property damage claims. This means they have that much time to either file suit or settle the claim and if they wait beyond that period then their claim is likely barred by law. For that reason, it's likely they will sue you shortly. Most are filed within one year. When you go to court you can litigate the amount you owe if you can prove to the judge that you didn't do the damages alleged. If you agree you owe some amount but not all, try to work out a settlement prior to court as this may save you money on court costs and possible attorney's fees. Speak to a lawyer if you can't resolve it as it's not easy to defend your self against a lawyer in court.

    Nothing in this communication should be construed as creating an attorney-client relationship. I provide this... more
  2. Samuel Cohen

    Contributor Level 20

    3

    Lawyers agree

    Answered . Contact an attorney and have him/her review the itemized claim. Use Find a Lawyer here and get a free consultation. See if the lawyer can negotiate a settlement payout for you.

    The information provided is for general informational purposes only and is not intended to be legal advice. I am... more
  3. Christian K. Lassen II

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . Have a local Memphis lawyer resolve it

  4. Martin W. Judnich

    Pro

    Contributor Level 15

    2

    Lawyers agree

    Answered . They should not be able to get a default against you without serving you. If they did some type of publication for service in their suit, you should be able to get that set aside and fight the damages. You will need to hire yourself a private attorney to do this. You may also want to contact your auto insurance agent to see if you were covered while driving someone elses car. If so, they may hire an attorney on your behalf and/or cover the crash.

    licensed attorney in Montana. Your specific state laws may be different.

Related Topics

Fault laws and personal injury cases

Fault, in personal injury cases, determines liability for an accident. Someone who is found at fault may be required to compensate the victim through damages.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

30,494 answers this week

3,430 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

30,494 answers this week

3,430 attorneys answering