Legal Question in Traffic Law in New York

No collision but apparent damage

Apparently, 3 years ago I cut off someone which caused them to go into a guard rail and cost $7k worth of damage to their car. There was no contact between me and this other individual, and to be honest, I think I'm trying to be scammed. About 3 weeks ago, someone contacted me claiming they were a collections agency and said that about 3 years ago I was cut someone off, which caused them to hit a guard rail. (I think I would have seen this). In any event, this company can provide me no details as to my car that was involved, a polic report number, etc. If this is true (which I know that it's not), do they have any legal standing considering it was over 3 years ago and our cars never touched each other. I have never received a police report, my insurance company was never contacted, etc. I don't know how they got my phone number, nevertheless, it has me worried. In NY state, if I cut someone off which caused this damage, and it was over 3 years ago, does it have any legal standing. If not, why? Thank you.


Asked on 1/21/05, 1:43 pm

2 Answers from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: No collision but apparent damage

This is an easy question.

1st - contact your insurance company. This is their job.

2nd - the collection agent is helpless to collect any money without a judgment from a court. If you know nothing of a lawsuit, then there should be no judgment against you.

You may have to challenge service through a 'traverse hearing', but that has not come up yet.

You are not helpless in this and should feel confidant that you will not have to pay anything.

You are welcome to contact me directly if you have more questions.

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Answered on 1/23/05, 9:01 pm

Re: No collision but apparent damage

In this matter, you should notify you insurance company becuase your policy requires you to notify them of all claims being made against you. This is most likely a scam, as you stated, however, your insurance company is required to provide a defense in the event anyone attempts to sue you. You are not under any obligation to tell the "collection agency" about your insurance company, the company can and will do that if appropriate. Best of luck.

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Answered on 1/21/05, 4:00 pm


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