I was reversing back out of my driveway and as i came to a stop at the end i hit the side of a pick up truck. Now at the time i completely thought it was my fault. I never even seen the truck. The guy told me to avoid calling the police and siting a ticket and paying a deductible to just pay him $500. I said well i don't have $500 just laying around. He then said write a post dated check for $250 and everything will be good. So i weighed the cost of things and $250 was cheaper and less of a hassle. I only lost some paint and his fender flare half way popped off, which i know can easily be fixed. He didn't lose paint. His truck was partially rusted so i highly doubt he cared about the fender flare. But after he took off i went to move my car back and noticed my rear-end wasn't even in the street yet. I was 3 feet from the street. My kids were playing soccer in the front yard and said he came over onto my gravel driveway. Which made me wonder if as i was stopping to look both ways, that he got distracted and drifted into me and blamed me. I have never been at fault for an accident, i have a perfect driving record. My fiance told me to cancel the check that he was scamming me
These types of accidents are usually disputed. One driver claiming the person backing out of the driveway hit them and the other driver saying they were established in the road and was hit by an inattentive driver. Based upon your statement of facts, however, I do not get that impression. Instead, it sounds like you improperly backed into the roadway. I'd suggest contacting your insurance.
Scott Kuboff, Esq. is providing this information solely for the purpose of educating the reader of the availability of legal representation. In no way should this be construed as an evaluation of or legal advice about your particular case. Scott Kuboff, Esq. does not have any information regarding the facts of your case. If you wish to obtain legal advice, please contact an attorney.
Sounds like it may well be best to let the check be negotiated and move on. Otherwise, a small claims court case will probably be brought where you will have to explain why you gave him a check in the first instance and why you cancelled said check and since you were backing up it will likely be viewed as your fault as well.
Fault would ultimately be determined by a jury. Hopefully you marked the check as being full and final payment for all damages occurring from this incident or you obtained a signed release from him. If you put a stop payment on your check, I suspect you will be hearing from this guy again.. If you do, I suggest you now turn this matter over to your insurance company and let them go through the hassles of dealing with him.
Legal Disclaimer: If this information has been helpful, please indicate below. Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
Sign up to receive a 3-part series of useful information and advice about personal injury law.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline