Financial Channel

A few months ago, I was pulling out of a parking space on a main street, when I was struck by another vehicle.

The lady that hit me stated that she had no idea that I was there. I believe this had to do with the softball sized stuffed animal she had hanging from her rear view mirror. Not to mention she's 70 years old, with god only knows what kind of vision. (later on i found out she was in an almost similar accident a few years ago... with witnesses)

The cop at the scene sited her for the obstruction, and the insurance adjuster (hers) verified that it was there, along with several witnesses at the auto body shop that same day.

The insurance adjustor ruled that both parties were at fault, because of her obstruction and the fact that I was pulling into traffic. (there are other details that should put the full blame on her, but there isn't any way i can prove that in a court of law)

The bad part was, I didn't have insurance... I didn't know this at the time, so you imagine my suprise when I got home and checked the messages on my machine.

So that left me vs. the Insurance guy (not a good sign). He stated that he felt it was fair to rule that both parties were at fault. Each party then should be responsible for their own damages. I said this was acceptable, and just moved on from there.

Then just last week, I get a letter in the mail from her insurance stating that I owe them $900.

Apparently, she didn't like the original ruling, and called everyone she could. She then got someone in the insurance company, on the state level, and got the original ruling overturned. They then fixed her car and sent me the bill.

Is this fair? Even with that many witnesses to the over sized obstruction, sited by two officials, and a slew of other people, can they just change their mind and stick me with the bill? Ya know its bad enough that I have to work three jobs to put food on the table for my kids, let alone having people come out of the woodwork for more money.

I was thinking of sending them their bill back, with a letter stating the entire case and threatning to get a lawyer to protect myself, and then countersuing for the legal fee's and any other punitive damages.

Update -

I just realized that, if I were to pay this bill, or basically in any way say "i give up", then is there an outside chance that she or her insurance, bill me for any little medical thing after this?

After all, she is 70something years old. Maybe I should get a lawyer just to protect myself from future bullcrap.

What ruling was overruled by what authority in what state?

Are you sure this is something more than a demand the insurance company is making of its own initiative?

If you reach a settlement, you should require a full release of claims, in writing and signed by the claimant.

Sorry...

By 'ruling', I meant 'What the first insurance adjustor declared'.

In the state of South Dakota

And yes, I believe this is a demand that her insurance company is making, because she complained to someone else, and got them to cut her a check. If I don't pay, they claim that they will take me to small claims court.

So far, none of this has gone to any court. Don't really want it too either, I just want it to go away.