by Guest » Tue Apr 01, 2008 06:21 pm
I was in an auto accident in Dec., 07. I didn't get a ticket and the police report said that I had not caused it but stated the other driver was "innattentive". I rearended them. The car was not the drivers and both driver and passenger went to the hosptital, however I don't know the extent of any injuries. I called to report the accident to my insurance co and learned that my insurance had lapsed due to nonpayment. They reinstated it the following day. One of the people in the accident now has an attorney stating that if I don't show proof of insurance, which I cannot, they will go to the state (I live in MO) and ask that my license be suspended until I pay her damages. Can this be settled w/o the state getting involved? I can't afford an attorney and AM keeping my insurance paid. Any advice would be appreciated.
Posted: Fri Aug 27, 2010 04:55 pm Post Subject:
[Not sure what people don't understand about new threads :roll:]
Can they continue to persue this in civil court and should I get an attorney?
First, if you had insurance you should have reported this accident to them 2 years ago. If you did not, you need to report it immediately!If you did not have insurance, you will need to provide yourself a defense.
Having a citation dismissed does not always affect who was liable. If a judge dismisses a citation as their is not enough evidence to support it at the time of court, this does not change what happen at the time of the accident. Because the citation was dismissed (for lack of evidence) does not mean you did not run the red light.
They can pursue this in civil court (as long as the Statute of Limitations has not expired). I'm betting they won't as they'd seem to have a very weak case.
You may want to contact the state and see if they have a appeals process if someone tries to suspend your license. I'm betting that they do have some way that you can contest someone trying to have your license suspended for property damage.
Posted: Sat Aug 28, 2010 03:56 pm Post Subject:
A collection agency "threatening to have my license suspended if I don't pay" is in violation of the Fair Debt Collection Practices Act, for asserting they have the ability to do something they do not. Only the state can suspend your license. This is a common deceptive tactic.
They are also required to communicate the debt in writing.
Only problem is, without a recording of the threatening comment, it's your word against theirs. If you can get such a threat recorded, you have them by the proverbial "short hairs" (even if the recording is made unlawfully -- without prior notice -- but just say "beep" every 15 seconds or so, and you'll be fine -- if they ask, "Why do you keep saying, 'Beep'?", just say, "Because I'm recording the call.").
If you are being hounded by a collection agency, and don't want to have to deal with them at all, then send a "CEASE AND DESIST" letter (you can find examples all over the Internet) under the Fair Debt Collection Practices Act.
Expect that you might be sued again. Possible, but not likely. And you'd better not be contacted by the collection agency again except for them to say they are dropping the matter or suing you.
Posted: Wed Nov 17, 2010 05:28 am Post Subject: hello
hello,nice to meet you.i come from LA.new to here.
Posted: Sat Jan 29, 2011 12:17 am Post Subject:
was in an accident at mcdonalds. a mack truck (garbage) was exiting the driveway and I was entering the driveway. I turned into the driveway from the medium strip into the driveway. I had only gotten approx. two feet into the driveway when i saw the mack truck had made a wide turn partially into my lane. I stopped because there was nothing that i could do. the two vehicles crashed. the mack truck pushed me back about four feet at the same time turning my car into another direction. while i was still shook up, the driver got out of the mack truck and stood on the passenger side of my car and told me that i was coming in the driveway wrong and show me a sign on his passenger side that in fact said do not enter. at that point i was convince that i was in the wrong because the sign say i was. I then in side of myself took the blame. the driver of the other vehicle then asked me to move my car to get it out of the road. I saw no harm since i was sure i was at fault because i entered the driveway incorrect. Well, when i backed by car out of the road, my intitution said go back and check it again. I did and on my side of the driveway on the ground said drive thru. another sign said circle the building to order at the drive thru window. this is the direction i was headed. I don't know why i second guessed myself since i often take this same route in the mornings before going to work. Well when i moved my car off the road and the other driver moved his car into the correction lane so that when the state tropper arrived it look as if he was in the right. Well the glass from my head lights were at the far corner of my side of the drive way. I told the officer that the accident did not happen where the glass was but as he pushed me back my car moved around until he hit the light beam. Where the glass was located clear show that the mack truck was on the wrong side of the road to push to the final location. Well, since my car was moved and the other driver had moved his vehicle the state trooper advised that he could that prove who was in the wrong so he will say neither one contributed to the accident.
Posted: Tue Mar 15, 2011 12:51 pm Post Subject:
Got into an accident, without insurance, but no ticket/police report was made even though there was a police. (Since i was in behind, it would still be considered my fault even thought it was the other driver's fault)
Since i was permitted to drive the owner's car, under medical reasons, will his insurance cover it in california?
no injuires to both parties, and a very minor ding to a plastic bumper.No damage to my car.
will they take my license away? & how does the insurance work in this case that do not have insurance? 2 days after the accident, i was insured.
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