by kaydaddy » Sat Mar 28, 2009 04:44 pm
Hello everyone, I am looking for advice on a situation that I have found myself in. About 8 months ago, I got into an altercation with my brother-in-law. We were near his car, and he ended up throwing me against his rear passenger window, which broke. He subsequently called the police and claimed that I had gone crazy, purposely breaking his window. The police gathered out accounts of what had happened, and that was that. About 3 months ago, a collection agency began calling me and demanding that I pay the 1200 dollars for the damage to his car (apparently he claimed that I also kicked his doors, and had some dents paid for in the same claim). I was never contacted for my side of the story by his insurance agency, which is also my own agency (State Farm), and when I told the collections agent that I was not responsible, I was treated as though I was dirt and told to fax them evidence that I was not responsible. I called the sheriffs department to retrieve the police report, but they can not find it. Therefore I have no proof of anything, and neither does the collections agency, and yet I am being relentlessly pursued. Is this not illegal? What can I, or what should I, do to get them off of my back?
Posted: Sat Mar 28, 2009 06:36 pm Post Subject:
There are several things to do:
[/b]FIRST
Obtain a copy of your credit report (my suggestion is that you not use one of those monitoring companies such as Free CreditReport...rather go to annualcreditreport.com) and see if the collection is on there. If so, dispute it with the credit bureau.
The fact is, the collection agency probably has no idea what the bill is even for...they are just doing their job and trying to collect what they assume to be a valid debt. There is a process you can go about called debt validation, but you may not need to go that far. Try disputing it through the credit bureau first. The only way that the collection agency is doing anything illegal is if they are not following the Fair Debt Collections and Practices Act. (i.e. not threatening you, not calling at 2am, etc.)
SECOND
If her insurance agency has filed a collection against you, then I would assume the police report cites you at fault. If the Sheriff's department did indeed "lose" the report, then his insurance company would have a copy of it. Police departments don't "lose" reports. If you need a copy of the report, and they don't provide you with one (or tell you how to get one)...contact an attorney!
How the altercation happened and the damage it caused is obviously none of my businesss, but it seems if you were thrown up against the vehicle hard enough to break the window...there would be some type of bodily harm done to you (injuries). Did you seek medical attention? Any proof that you did indeed get thrown against the vehicle? These are the types of things that are probably addressed in the sheriff's report and you need to see a copy.
Posted: Mon Mar 30, 2009 03:39 am Post Subject:
i think that it is the question of 'who is at fault'? and to the extreme you do not have any proof against your brother in law.
i know how hard it is to attend those meaningless calls ...but i suppose you might have lodged the complaint against your brother in law when the incidence occurred so there cops might have registered the whole incidence and who was injured.
follow with police department to get the copy of complaint...........
second thing just make sure that that collection agency is having proofs that they have bought it from OC (insurance company)
'dispute with it ' is the final answer... :wink:
Posted: Mon Mar 30, 2009 07:42 am Post Subject:
I was just wondering, wouldn’t the insurance company have to contact the OP before selling the account to the collection agency? Disputing the claim with the collection is the most viable method before you. I would also second Chris's comment regarding the police report. They are not supposed to lose the report since its an important official document. Contact them again and request for the copy of the complaint.
Posted: Mon Mar 30, 2009 11:13 am Post Subject:
Well my friend, you may certainly check out your rights at the federal trade commission site. To tell you the fact if you'd forward a debt validation request they'd have 30 days to reply back to you. Their reply has to be supported with enough documentation.
Only if they're not following FDCPA norms you'd have the right to pull them at a federal court or may be a state court. Once a debtor experiences such calls from collection agencies, he may forward a complaint with the State attorney general. Complaints could also be lodged with the FTC.
Roddick
Posted: Mon Mar 30, 2009 12:12 pm Post Subject:
You should've been contact prior to this being sent to subro, to get your side of the story in fact i think you need to right now file a compaint with your states Dept of Ins...and tell the collection agency that you will await their ruling before you even entertain this debt..
Then do it! Unless there were a million unbiased witnesses there I don't see why they wouldn't have got your story..i'm thinking they don't think there was any kind of fight at all just plain vanadlism..I've handles scores of these types of claim when people get into a 'scrap' and bang into cars damaging them..I always assess it 50% each in all but (i think I remember) one...
Let us know what you hear you might call the insurance adjuster and talk with them and ask what proof they have other than their ins...you need to also let your agent know so he can put some presure on this claims branch about making a decision and turning it over to subro without so much as a statement from you...
please keep us informed and let us know if we can be of any assistance.
Posted: Mon Mar 30, 2009 05:20 pm Post Subject:
First and foremost, collection companies are the scum of the earth (I don't really care if anyone reading this works for one... you need to quit and get another respectable job). Their job is to say anything and do anything to collect money. They don't have a clue about liability or the law.
If an insurance company thinks they have a case they will usually make an attempt to collect. If they don't think they have a case they will simply send it out to a collection agency. If the collection agency gets any money then they throw a little bit of that back to the insurance company and keep the rest. If the collection agency does not collect anything, then they don't get paid.
In America we have this little stipulation that someone needs to proof that your guilty... you don't have to prove your innocent. So if they are asking to prove your not at fault then they don't have a clue.
The problem with collection agencies is that they have power over credit reporting agencies. Most laws are written against the consumer. If they report something negative against you... you need to find out and then write a letter to the credit reporting agencies to let them know what was reported was incorrect and unless they remove it within 30 days, you will hold _them_ accountable for the error. They will then be required to obtain confirmation that they debt is owed or remove it.
Do you have a renters or home owners policy? You could report it to them for a defense. But they will probably just deny liability and provide you a defense if someone files suit.
Posted: Tue Mar 31, 2009 06:13 am Post Subject:
Do you have a renters or home owners policy? You could report it to them for a defense. But they will probably just deny liability and provide you a defense if someone files suit.
I was wondering in the same line, Todd. However, not convinced that the HO insurer would even entertain the idea of such claim, especially, if it had happened away from OP's home. Do homeowner insurers normally cover such incidents? I think 'no', what do you say?
~Jeremy
Posted: Tue Mar 31, 2009 06:30 pm Post Subject:
In terms of the police report, the first officer on scene was out of jurisdiction, he was from the city that is 7 miles from my house. When the sherrifs arrived on scene, they took him aside, though within hearing distance of me, and told him that he had screwed up this whole case, and that it couldn't possibly go through the local judge since the initial report was, in essence, illegal. I was told via my father that my brother-in-law was trying to pursue property damage against me through the court but was told that it was not possible. The whole thing stunk to me at that point in time, and then of course, months later, when I attempted to acquire the police report, it was 'missing.' I feel as though all of that might have something to do with me being told that they could not find it. But I thank you all for the replies, as I now have a better idea of how to handle the collections agency in terms of disputing the claim via demanding proof of its validity.
Posted: Tue Mar 31, 2009 06:40 pm Post Subject:
I now have a better idea of how to handle the collections agency in terms of disputing the claim via demanding proof of its validity.
OK now you are happy with the answers. come back soon for any such type of queries. if you want to inquire deeply about the collection agency you can post your comment on debt forum which is available on this page upper middle link named "debt forum".you can get debt related queries solved over there.
thanks :wink:
Posted: Wed Apr 01, 2009 10:40 am Post Subject: insurance
OP..........you said you called the Police, asking about the Police report. However.... ( unless I missed it..) you never said who ACTUALLY filed it..you or your brother? CA's usually use any tactics to get money....even if you don't owe it. I wonder why the Insurance company din't contact you first. I agree with ALOT of people, on this thread........sounds like you have every right to file a complaint.
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