About Bennie719 Expertise I have extensive knowledge in Personal Auto, Homeowners Insurance and Personal Umbrella coverage. I am also thoroughly familiar with claims handeling procedures. Will answer questions related to the above.
Experience Experience in the area: Served as an expert at askme.com from 7/2000 thru 10/2002 in the catagories of general insurance, auto and home insurance. Answered 422 questions before that site closed. Licensed in California since 1961, first in Life and Health for 2 + years and as a Property/Casualty Agent/Broker since 1964. I sold my business and took early retirement in 1998. Still maintain a valid California Property/Casualty Agent/Broker license.
I have been a volunteer at allexperts.com since 2002. I can provide assistance in the following fields: Property and Casualty Insurance, Insurance Law, Auto Insurance Claims.
Question When my horse was hit it was 2 am and it had gotten loose. The driver of the truck contacted me the next day and said he was sorry and that he was not going to sue or ask for any money that his truck just had a "dent" in the door. Four months later a collection agency is calling constantly saying the insurance company wants its money back ($2,500). I never saw the damage and I don't have insurance. What is my legal responsibility?
Answer Hi Mary,
I'm sorry to learn of your problem.
I'm surprised to hear that a collection agency is involved only
4 months later. Normally, the insurance company would have made
many telephone calls and if unable to contact you, they would have sent several letters.
Do you recall ignoring any messages left on your telephone or any mail from the insurance company?
The driver of the truck is required by your state laws to operate his vehicle in such a manner as to be able to stop no matter what unexpected event may occur on the roadway ahead of him.
By hitting a horse or a cow, his insurance company considers
this a fault accident and his collision deductible applies, as opposed to hitting a "WILD" animal where the lower comprehensive deductible applies and is not considered a fault accident.
The majority of insurance companies DO NOT ever attempt to collect
from the livestock owner in situations such as this because they
have already told their insured that he is at fault.
If you incurred Vet bills for injuries to your horse, you should file
a claim with his insurance company.
If his insurance company never called or sent you any letters,
they are fully aware that they are standing in a very weak position
and simply turned everything over to a collection agency to try to scare you into paying.
You need to immediately retaliate or the collection agency will make a report to the credit rating bureau's which will totally ruin your credit rating for the next 5-7 years.
You should contact an attorney immediately, if you can't afford one,
there may be several local agencies that can provide some free help.
