Received letter from car insurance falsely accusing of hit and run accident? Please see details?

Question

I received a letter from AAA of Southern California yesterday claiming that I was involved in a hit and run accident on 6/18/08 at 4:50 pm on the 101 freeway. According to the letter an SR-1 was filed. No other information given. Just that they got our licensed plate. My husband spoke to the agent who sent the letter and the agent stated it was just a standard letter and that the policy holder filed a claim stating I hit them from behind. My husband asked specifically the description of the car as there are 2 cars registered under his name. Agent stated per the insured "silver" mazda. My mazda is not silver - more of dark grey/blue. I was not involved in any accident that day and time. If any of you drive on the 101 on a wednesday during the time they claimed, do you think someone can actually hit and run with that horrible traffic? My car shows no sign that it was involved in an accident. What should I do? Can I dispute the SR-1? Should I just get a lawyer and sue?

Answer 1

You definitely should get a lawyer.  The lawyer can draft a letter stating your denial of the claim/accusation, etc., in response to the Sr-1.   It's better  to do this sooner rather than later, so you should get in touch with a lawyer asap.

Answer 2

No need for an attorney, and you have no reason to sue.  What are your damages?  

I suggest you refer this over to your insurance company.  They will complete a full investigation, and likely deny the claim presented by AAA.  They will take statements, review photos of the vehicles, and determine if the damage to the other vehicle actually lines up.  

Don't handle this on your own.

Answer 3

i would go to local police station with letter and see what they have to say

Answer 4

I would most certainly hire an attorney.  I would also see if a police report was filed that day with your license plate number.  Most insurance companies require a police report with every claim.   Take pictures of your car to show that the condition of your car does not indicate a collision.  This will all help your case.  I don't know who you would sue, however, I do know that you need to get these charges dismissed, and you should not be liable to damages that you did not incur.

Answer 5

first... ask for a copy of the accident report.

As the accused, you have that right.

Certainly - "lawyer up"  to protect your rights... not to SUE.

I'm convinced your car was involved based on the MODEL being the same... and to me BLUE/GREY can be reported as SILVER.

Answer 6

Definitely report this to your insurance company.  They can look at your veh and document there is no dmg.  They will also defend you as that is what you pay them for.  I'm so sorry you are going thru this. ..

Answer 7

Better hire a lawyer

Answer 8

If you know you didn't do it and have no damage to your car along with the fact that traffic was heavy, I suspect it is a scam-maybe!!  If there is damage to his car, then it would show the color paint and you can compare it.  If he had it repaired and repainted, then where would be the proof for him. You would need to know the other driver's name etc.etc.  An accident during busy traffic would cause traffic problems.  The other party could have given even one wrong number on the licence plate.  Regardless, you need all the info you can get.  Mistakes are made but it is best to clarify this situation.

Answer 9

Well I am assuming you have insurance. They will deal with it. That is there job. They will get the lawyer and fight it if need be. You need to contact them and explain whats going on. I had my neighbor sited for the same thing. But they actually did hit my car. They were sent the same letter and my insurance company sued theirs and we won.

Your insurance company would much rather take them to court then pay them. You will need proof of where you and your car were at the said date and time that the accident supposedly happened.

Answer 10

What are you going to sue for?

If you're veh was not involved, allow them to come see your vehicle to check for damage.  Also, you might want to find out if they have any witnesses.  Just because they said the Mazda was Silver, doesn't mean they aren't talking about your car.  People get colors wrong all the time; that doesn't mean anything.

Answer 11

i would infor your car insurance company right away before it goes any further.

Answer 12

No tolerance!

Answer 13

Answer from a General Insurance Agent

This happens all the time. People had an accident and got  an erroneous plate number they think they got from a vehicle speeding away.

You need to call your insurance company immediately. and notify them. you need to fax them a copy of this letter. Your insurer has a duty to defend you against all claims of liability involving your Vehicle.

Just Give your Insurance Company a Report on this matter and deny fault due to you have been in no accident. It's a good idea to take photos of your vehicle showing that you do not have any damages. Your Insurer will then handle it for you.

If you do nothing at all then you could be found liable and a default judgment could be entered against you for failure to respond.

Yes you should certainly dispute any SR-1 if one has actually been filed.

If your license has truly been suspended and you have suffered a loss because of it, Then yes you could sue for any actual damages resulting from the erroneous report. Actual damages could be any resulting increase in your own insurance premiums, drivers license and vehcile registration reinstatement fees if they were revoked or suspended and so forth but you would not liekely have a case for mental anguish.

You don't need a lawyer at this time. Most likely the SR-1 notice was just a threat meant to get the at fault party to respond promptly. Most companies will verify liability before they actually have your license suspended, otherwise they would be getting sued all the time as this is a common error.

Good Luck

Answer 14

its a scam, if it was mailed to report it to your post office, if they keep calling then get legal help but nothing drastic