Car Accident

On December 18, 2007 I left work early because of a pounding headache. I took a couple of Ibuprofens and went to bed. An hour later my headache still wouldn’t go away. I got up and drove to Giant Eagle to get a bottle of Excedrin. Two pills later my headache began to subside and I started nodding off.

Suddenly, I was jerked away by a loud crash outside of my window. I jumped out of bed and after a minute of searching for my glasses looked outside. I saw a burgundy Mercury Sable next to my car, and two people running around. I put on my jacket and went outside. It turned out that the lady driving the Mercury swerved to avoid an oncoming car and hit my parked car instead.

I was very upset since I had to leave for Tennessee the next day. At first, the damage seemed minor – most of the impact was concentrated around the rear fender and tire on the driver’s side, as well as a broken side mirror (I guess she took it out when she sideswiped my car). I tried to remain calm, even though the lady’s husband kept running around my car, pointing at the damage and saying that it was like that before the accident.

I looked the car over and barring what I though was a flat rear tire, I decided that the car was drivable. The lady and I exchanged insurance information and she left. When I took off the damaged wheel to replace it with a spare, I realized that the wheel was the least of my problems – the rear axle snapped from the impact. I called the lady and told her about the damage. Then I called her insurance company and filed a claim.

About half an hour later, the lady called me back and told me that her mechanic said that there’s no way she could have caused the damage and that my axle was broken prior to the accident. I patiently explained to her that I drove the car about half an hour before she hit it, a task that would have been impossible with a broken axle.

The next day her insurance company called me and the adjuster said that the lady’s policy has been cancelled two weeks before the accident for non-payment. Since I only carry liability insurance on the car, my insurance company won’t cover damages either. The dealer estimated the damages at $1100, plus I spent almost $600 on a rental car.

While driving the rental car to Tennessee, I called the lady and told her the amount she owes me. A few minutes later, her husband called me, told me that I was a liar, threatened me with legal actions and hung up.

In a later conversation, the lady apologized for her husband’s behavior and told me that she would make payments. That was a month and a half ago, and every time I call her, she tells me that the check will be in the mail in two weeks, in a week, etc…

I even found a shop that would repair the damages for around $800, saving her $300 from the total amount. I feel bad that she does not have the money, but I am stuck with a car that’s rotting in front of my house. So I made a decision – unless I get a check from her by the end of this month, I am taking her to court and suing her for the amount she owes me. As much as I hat the idea of a lawsuit, she really leaves me no choice – I’ve made every possible concession and still haven’t seen a penny.