Major advice!!! Our best friends insurance company is SUING US!!!!

United States
June 19, 2007 6:22pm CST
OK.... here is the deal. In February we got a huge snowstorm, totalling just over 2 feet of snow. Well my best friend Wendy's DUMB*** husband shoveled himself out to go to class (he's in college to be a cop.... what a joke) Well since he is lazy and useless, he did not shovel his wifes car out, so she was stuck home with their 3 year old daughter. So my hubby went over and shoveled out the entire drive way, walkway, and car so she could get to the grocery store and whatever else she had to do. Come to find out, there were supposedly scratches put in the car and since her husband is ridiculously crazed about his cars, he filed an insurance claim and got a brand new paint job on the entire vehicle. The insurance company is now suing US for $1700.00. Which is supposedly the cost of the paint job due to supposedly horrible, deep gauges put in the vehicle. I am fighting this. They told me it would be sent to a collection agency if we don't pay up, yet we have never been sent pictures or anything. How can they prove the vehicle was damaged by my husband??? There was no police report, so where is the proof. I am so mad. I don't want to lose good friends over this, but it is pretty apparent that their vehicles are more important than their friends!!! What should I do????
2 people like this
8 responses
• United States
20 Jun 07
Since this happened on their own property, is this not something that falls under home owner insurance instead? This sounds odd to me...without a police report or any proof of anything, how can you be sued by anyone for anything? I dont know the answer, but did search online a little. I found a site (All Experts, dealing with Insurance Law) where you may be able to ask an expert about this. It is http://en.allexperts.com/q/Insurance-Law-923/son-bike-scratched-parked.htm
3 people like this
• United States
20 Jun 07
After more reading online, it seems that you're doing the right thing by involving your insurance company. Many seem very concerned with putting an end to fraud and will spend quite a bit of money to do so. I also found that auto insurance companies are the ones who decide who is at fault based partially on police reports but also on owner statements, photos, witnesses, etc. If they are suing you, they have to prove that you owe this money. It appears there is no way for them to prove anything aside from pulling it out of a hat. Additionally, nothing can be placed on your credit as owing unless there is first a legal judgment against you. I had a landlord place a couple thousand dollar debt on my credit report just because he was angry about me not letting his son's underage runaway girlfriend live in the rental WITH me and my kids. I took him to court and he had to pay a sum of damages including my lawyer fees, and write a letter to the credit bureau stating the claim was erroneous.
3 people like this
• United States
20 Jun 07
It is crazy!!! I don't think we are going to have to pay, but like OUR insurance company said.... "you guys need to be proactive, because insurance companies like this will try to get you in a corner. I have seen it happen a million times and it is not pretty!" It's pretty scary that you need to defend yourself from the insurance companies!
1 person likes this
@KrauseHome (36448)
• United States
21 Jun 07
Wow!! To me this sounds a little absurd, and without pictures and proof, or a police report I would think they have nothing to stand on to back this up even. Sounds like what you might need to do, is go find yourself a Lawyer to talk too before this really ends up ruining your Credit and see where you really stand with this. For your friends to do something like this to you anyway, I am not sure I would consider them your friends anymore anyways. Just take time to look into this, and then go from there. Wishing you Luck.
• United States
22 Jun 07
NO KIDDING, these are supposed to be our best friends!!! We were pregnent at the same time so our kids are the best buddies in the whole wide world too! That's what makes this so hard!!!
1 person likes this
@kareng (59187)
• United States
25 Jun 07
Oh wow. I think you are right in your assessment that they consider their cars more important than their friends. I would also fight this. I would also quit talking and associating with these people.
@jerryn (819)
• United States
21 Jun 07
Hey packgirl4, I've worked in the personal lines insurance industry for over 20 years in Florida. I know insurance laws vary from state to state but the basic concept is the same. Insurance is designed to restore you back to the way things were before suffering a loss. With that said, here's my 2 cents. It's a good thing you're fighting this. 1st of all, I agree how can they prove your hubby damaged the vehicle? Isn't it possible the vehicle was damaged after the wife drove it away from the premises? Since your neighbor reported the claim and his company decided to pay his claim based on vandalisim and without a police report, the burden of proof that your hubby caused the damage falls upon your neighbor. If I were you, I'd get me an attorney and sue their insurance company for the anquish caused because they are negligent in assuming your hubby is responsible for the damages. If you lose your friends in the process, so be it. They started this. I hope things work out in your favor. Do keep us posted on what happens. All my best, Jerryn
@soccermom (3198)
• United States
27 Jun 07
Unbelievable! I am an insurance agent in Illinois, and I hate to say it but your "friends" insurance company is just trying to play the game to get their losses and their insureds deductible back. Sounds like they have no proof that your hubby caused the damage, which would be pretty hard to prove anyway. The way the company I work for works it'd be filed as a "comp" claim anyway, so it's not like your friends rates would go up because it is a non chargeable claim, unless of course they have had excessive claims in the past. Good for you for letting your insurance company get involved! I wonder how your friends would've felt had your hubby slipped and hurt himself doing them a favor and filed a claim against their homeowners? I'd tell them where to shove their so called "friendship." I know this is off track, but are you in Sturgeon Bay, WI? It's so beautiful up there, my hubby and I go to Door County almost every March for our anniversary.
@soccermom (3198)
• United States
28 Jun 07
Comp covers glass breakage, vandalism, etc... It sounds to me like you don't have to much to worry about, it's a shame they'd ruin a friendship over something so silly.
• United States
28 Jun 07
Apparently it was filed as vandalism?!?!?!?!?!?! I need to still get a hold of a few people at various places to get all my "ducks in a row" as my grandma would say. And yes, I am lucky enough to have lived here all my life. It is very beautiful, but we start to take it for granted! The winter time is rough here though. bad weather and not much to do unless you like to snowmobile... which I DO NOT! :-) But the summer and Fall is amazing!!
1 person likes this
• United States
20 Jun 07
this is ridiculous. how can they sue ur husband for that?
1 person likes this
@kgwat70 (13388)
• United States
29 Jun 07
It sounds like your neighbors and their insurance company are sue happy like many people are these days. People will sue other people for any reason. That is terrible that you and your husband are being sued over something that is not either of yours fault. He was being a gentlemen and was trying to help her so she could get out. There is no way to prove that he damaged the car and even if he did, it was an accident. Too much snow like that can cause damage to cars. I do not think they will win this case since there is no proof. They are not true friends for allowing this to happen.
• United States
1 Jul 07
amen to that!!!
• United States
27 Jun 07
It sounds to me they just want a new paint job and are trying to get someone else to pay for it. Without any real proof they don't really have a good case. You should come out OK on the money part but I myself would probably never look at him the same way again.