Expert: Richard Hixenbaugh - 5/27/2009

Question
Almost a year ago i was involved in an accident where i was in the turn lane to go left and both cars in both oncoming lanes came to a stop and waved me through because traffic was backed up and there was a red light up ahead anyways. as i went to make my turn left, a truck came flying down the shoulder of the road kicking up dust and slammed into the right side of my vehicle. i pulled off to the side and a woman came up to me and said "i saw the whole thing and ill be your witness." right as she said that, the man who hit me got out of his truck and started screaming at her and walking towards her in a intimidating way and she got scarred and ran off. Then when the highway patrol got there it was a very young guy and the man who hit me started saying how hes ex law enforcement, blah, blah, blah.. so turns out he put that the accident was my fault because i failed to yield while making a left turn! now a collection agency just contacted me saying i owe $12,000 to them and if i dont pay they will sue my boyfriend and i! is there anyway i can fight this? can a cop change their police report after its been written? can i just fil for bankruptcy since i have no job and no money? please help..

Answer
Hi Whitney,

Under the circumstances and considering it has been over a year ago, you will likely not be able to get the police officer to change his report.

If you had auto insurance at the time of the accident, you should have reported this to your insurance company. If you did not, then you should report it now. Your insurance company will investigate the accident and determine who was at fault. You must cooperate with your insurance company by providing a complete and honest statement about what happened. Your insurance company will deal with the other people and reach a settlement and pay the claim.

If you did not have insurance and as you said also have no money and no job, then there is nothing for them to get. Just call them back and tell them that you have no money and no job and that you can not pay them. The worst that can happen is that they get a judgement against you.

I hope this helps
Richard Hixenbaugh