Trying to find out what is needed to keep license after being in an accident without insurance in Indiana. BMV is no help, Attorney took my consultation fee/driver's license report fee & then told me he couldn't help turning over to another in their office that yesterday was willing/eager to help but called back today to be put off until 10/24. I contacted another attorney to find out his fee is 4 times that of the first. Since August, I have been divorced, had to seek employment, seek housing for me & my kids, pay deposits (housing & utilities), car insurance was the next issue but I was involved in an accident (my fault/totaled my car, little bumper damage on other) during a heavy rainstorm with another uninsured driver. My vindictive ex-Mother in Law threw away the letter from the BMV that was mailed to her house (no clue why). With the help of my parents I now have another vehicle & have obtained insurance. However I can't afford to wait for 10/24 or 4 times the rate... my license will be suspended on 11/5. Can't seem to get any good advice, help without having to pay way more that is possible for me! Anyone have legal knowledge or experienced this that can help me with how to go about keeping my license... otherwise I loose my job, my housing & then my kids... desperate!!

Sorry to tell you this, and you aren't going to like it... but you put yourself in this position. Don't get me wrong.. I know it's a tough situation to be in, and can sympathis. But problems in your life have zero bearing on this situation legally or morally.

If you can't afford insurance you bum rides, take a taxi or take the bus.

If you were at fault... the person you hit is entitled to be made whole.meaning all damages and usually a rental vehicle as well while theirs is in the shop. Be thankful there wasn't a personal injury or a death.

And if it was me I'd be indignant enough to sue you for it personally and get a judgment... meaning you will be paying it back through future garnishments.

Yes I know people who have done that. And they would win.

As far as legal consequences... you are going to have to deal with that in court... I don't remember reading it... but I'm sure you were issued a ticket you are required to appear in court to answer.

Driving without insurance in some states can result in jail time... as well as suspended driving privileges.

I've seen people convicted of driving without insurance and driving without a license or on a suspended one taken out of the courtroom in handcuffs to serve a year in jail many times in Virginia. It's a serious offense.

I know yours wasn't under suspension... but I'm betting it soon will be.

First thing I would do is go in person to find out what the letter said.
You don't even mention a court date, or hearing deadline, or anything. Your troubles are sad but not the details needed.
I don't understand. I always drive cheap used cars. My insurance costs me $230 a YEAR. It's the minimum, but I'm legal.

Thanks Smoothly but as far as the other driver... they too were uninsured! If there was a ticket issued it was not given to me at that time. It was pouring rain & my kids were crying. The officer said he had all the info & the ambulance that was called actually took us home. I have not received a citation in the mail but I'm sure if my vindictive Mother in Law did, she probably threw that away as well! Can't take a bus from house to sitter to job 30 miles away. Buses don't usually go outside that city to another! I was desperate for a job & unfortunately my city is broke with no jobs, hence the long commute. I've never had a ticket or an accident prior... just a single mom struggling to make ends get close... doesn't meet. My parents have helped me more than I could have expected the past 3 years. I'm just trying to figure out what I can do so that I don't have to rely on them again.

Thanks Smoothly but as far as the other driver...they too were uninsured! If there was a ticket issued it was not given to me at that time. It was pouring rain & my kids were crying. The officer said he had all the info & the ambulance that was called actually took us home. I have not received a citation in the mail but I'm sure if my vindictive Mother in Law did, she probably threw that away as well! Can't take a bus from house to sitter to job 30 miles away. Buses don't usually go outside that city to another! I was desperate for a job & unfortunately my city is broke with no jobs, hence the long commute. I've never had a ticket or an accident prior....just a single mom struggling to make ends get close...doesn't meet. My parents have helped me more than I could have expected the past 3 years. I'm just trying to figure out what I can do so that I don't have to rely on them again.

I'd try to find out if you were later mailed a citation first, and make it a priority... just because you wasn't ticketed on the scene doesn't mean they can't do it later (happened to me at my first accident). Last thing you need is a Did not show at a court date. That's an automatic conviction on whatever it was written for. Sometimes a warrant as well. Usually a supension.

If they didn't count your blessings. And from the many court cases I've watched over the 36 years I've had a license (I've gotten more than a few speeding tickets in my life) the fact they (victim) didn't have insurance doesn't absolve the person at fault... insured or not.

I'd try to find out if you were later mailed a citation first.....just because you wasn't ticketed on the scene doesn't mean they can't do it later. Last thing you need is a Did not show at a court date. Thats an automatic conviction on whatever it was written for.

If they didn't count your blessings. And from the many court cases I've watched (I've gotten more than a few speeding tickets in my life) the fact they didn't have insurance doesn't absolve the person at fault....insured or not.

Thanks

This site may help : BMV: Suspension and Reinstatement (http://www.in.gov/bmv/2330.htm)

But I'm really unclear on a few things. First, why do you think your license will be suspended? If you were not issued a citation for driving without insurance, then I see no cause to suspend your license. So how do you know your license will be suspended on 11/5?

Second, you have bigger worries. If you were at fault for this accident, then the other driver can sue you. And you will be on the hook for a judgment for his damages, medical expenses etc.

There was no citation issued at the scene. I found out about the pending suspension via the driving record report that I had to obtain required by the Attorney that took my consultation money & then shoved me off to one of the younger people in that office, that yesterday was happy to help & instructed me to obtain insurance & proof of insurance & then call back for appt. This morning I called & she can't see me till 10/24!

The insurance agent said something about a hardship license or probationary license. But he couldn't help me with any other info.

Second, the other driver I hit which had minimal damage to the bumper of that truck was also uninsured!

I checked that site out, that's where I submitted my story & questions online. They did get back with me the same day & said to call. I did & she basically didn't help me anymore than going into my BMV branch... so frustrated & I can't afford to loose my job! It's actually only part time & I'm driving more than 30 miles each way, not including the miles to drop my kids at the sitter before & after!

Second, the other driver I hit which had minimal damage to the bumper of that truck was also uninsured!


That is immaterial. Maybe his back starts hurting and there are no medical issues. Whether he is insured or not doesn't matter. You are saying you were at fault, therefore you are liable.

You didn't actually answer my question about the suspension. What EXACTLY did this driving report say?

As Scott stated... many times the pain doesn't start until days later... sometimes weeks.

The one accident I mentioned (and my only at-fault) had resulted in whiplash I did not feel for the first three days...

You will be expected to pay for all of the damages of the other person, medical bills, doctor, hospital, ambulance. If you are at fault ( I will assume there is no doubt to that)

They will expect you to write them a check and just pay for it. If not, a reasonable payment plan ( not 10 dollars a month) will be expected. But many states will keep you revoked until the other person is paid

A hardship licence is gotten from the court, it allows you to only drive to work and back, no where else. Also they may requier a SR22 filing, which is a proof of insurance. This about triples the cost of the insurance.

A critical few questions seem to be unanswered here:


Was OP served with a court summons for the uninsured motorist violation? OP cannot be convicted of such a violation without such service.
Was OP served with official notice of a BMV suspension action? Again, it appears not. The vindictive MIL might have thrown it away, but unless OP's address of record is the MIL's address, I don't know if that would work either. And was it sent by certified mail?

No court summons was rec'd. For the uninsured motorist violation. There was a request from BMV of proof of financial responsibility with pending suspension of license by 11/5. Not sure how MIL's address was used. It was not on my license, I had not changed the address to her's. I don't believe it was certified mail. There has been no violation recorded with the court, but I was told that it could take up to 6-8 weeks. I plan to stop in the police dept Monday to see if there was a violation issued because there was nothing given to me at the accident or left in my vehicle (with my license & registration) that was towed from the scene. My parents are advising me to just take the 90 day suspension & pay the reinstatement fine. They are worried the Atty would not be able to complete the task by 11/5 & even if they would the cost would be greater than my net income in that 90 days. They are willing to help me with my bills during that time. I have heard nothing from the other uninsured motorist for the slight damage to her vehicle. Just don't know what's the best course.