Auto insurance claim and debt collection problem.

by Guest » Wed Oct 09, 2013 12:59 pm
Guest

I am a 19 year old boy. At the age of 17, I met with an accident on 11th December 2012. This was my first accident ever and it was with a motorcycle. Interestingly, there was no bodily coverage on the car and the pillion rider was injured in the incident. That person’s insurance company had sent us a mail after more than 40 days and told us that it cost $4000 to treat the injured at a hospital. However, after about another 20-25 days later, we received another mail stating the hospital bill of the injured person amounted to $10500.

It did not stop at that and we were sent another mail that claimed his total medical cost to be $29000. The final figure appeared was so weird since the extent of the accident wasn't that severe. While driving i went past by their side and hit them due to incorrect change of lane and also because I could not see them. Both the rider and the bike did not fall and that he did not receive any injury in the accident. But the pillion rider did have his leg fractured because of the incident. My father spoke on my behalf as I was a minor then and had telephonic conversations around 4 to 5 times with their insurance company. He told them that the final figure was weird and that he doubted its accuracy. The representative there told my father that she can't disclose anything related to it on grounds of some privacy law which she did explain to him and said that we’ll get a copy of the proof that the money was actually spent. Nothing came till date. After that, they had stopped bothering us with it.

However, since the past two weeks, I have been receiving calls from a collection agency. I hang up every time they call me and am not speaking to them because I don't know what to do. If they call me the next time, will it be fine to tell them that Progressive never sent any copy of the proof of the total amount that was spent? Or should I tell them that I am just 19 year old and I am paying for my education/household items out of my own pocket and that I don’t have the means to pay them? My parents have filed for bankruptcy protection and they too won’t help me with that. What recourse do I have here and what will happen to me or my parents, if I don’t pay up? Please advise. Thanks.

Total Comments: 3

Posted: Wed Oct 09, 2013 01:46 pm Post Subject:

So you were driving without insurance and, I'm guessing, the other person's insurance paid out under uninsured motorist bodily injury. So now they are seeking recovery.

It's not unusual for them to make different demands as they may not know exactly when the person's treatment is going to stop.

If you do make a payment to settle you want to obtain a release from the insurance company (a document that states you are making a payment to settle the claim and that they cannot pursue you any longer.

What is the statute of limitations in the state where the accident happened? If it's getting close to expiring, the collection company may file a lawsuit against you.

At this time this is not a question of insurance.. it's a question of dept collection. You may want to read up on how to address debt collection (such as asked for proof of the debt, etc).

Posted: Fri Oct 11, 2013 01:39 pm Post Subject:

Primarily, bodily injury coverage would cover the medical bills along with the pain or suffering caused to the victim. Now the insurance company would just need a valid proof that they spent $29k which they can prove by a bank check.

There is no need for them to break the down the total amount. Rather, only the amount that was paid for the treatment and what is actually owed back to them would matter.

Since the accident happened when you were a minor, 17 year old, so basically, you aren't liable to pay the insurance company. However, your parents will be held liable for that and it doesn't matter how old are you now, except when the accident happened.

So, technically, your parents would have to pay and for that, they need to talk to them. The insurance company can file a lawsuit against your parents for defaulting in making the payments.

Hence, it would be best to consult a lawyer to get proper legal advice and if required, then get adequate representation at the court.

Posted: Fri Oct 11, 2013 06:08 pm Post Subject:

I am a 19 year old boy. At the age of 17, I met with an accident on 11th December 2012.

Anyone figure out the math error in this? 17 in December 2012 and 19 in October 2013. Seems a little hard to believe to me.

Since the accident happened when you were a minor, 17 year old, so basically, you aren't liable to pay the insurance company.

This is not quite correct. Every person licensed to drive a motor vehicle represents to the state that they understand and agree to the state's financial responsibility law. The minor agrees to this, and bears responsibility. Parents also must accept secondary liability for their minor children. The insurance company in this matter is within its right to go after both child and parents. The parents are likely to have deeper pockets.

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