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

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. 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 only licensed in the Commonwealth of Pennsylvania and I am not providing you with specific legal advice. The law changes frequently and varies from jurisdiction to jurisdiction. Being general in nature, the information provided may not apply to any specific factual and/or legal set of circumstances and/or the jurisdiction where you reside. No attorney-client relationship is formed nor should any such relationship be implied. The information provided is of a general nature is not intended to substitute for the advice of an attorney, especially an attorney licensed in your jurisdiction. Your question, although you may believe is simple, it is not simple. You require legal advice, please consult with a competent attorney licensed to practice in your jurisdiction.


  2. 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 service for educational purposes only. I will take no action on your behalf unless you have hired me and a written retainer agreement is signed. I am licensed only in Tennessee and I strongly suggest you consult with an attorney in your city and state as Statute of Limitation deadlines can limit your recovery.


  3. 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.

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