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    tinkiepixie's Avatar
    tinkiepixie Posts: 1, Reputation: 1
    New Member
     
    #1

    Nov 8, 2009, 01:59 PM
    Car accident with no insurance
    I live in Bradenton Florida, I had a car accident in 2005 , it was my fault, I wasn't high speeding but I was on a phone call , didn't realize the light turned red and ipassed it, I hit a car which the car didn't have big damage and the person who was driving just got some scratched , I didn't have insurance by ignorance, I sent check for payment and it was cancelled without me knowing, I come from Puerto Rcio which is part of USA but traffic laws are so different, the person's car insurance now is after me to pay his car expenses, now I have a court citation soon, I don't have no money to pay , I'm not going to be represented either I can't afford to pay attorney.

    Now, what is going to happen?

    I know I might have to pay insurance , but I'm totally broke, I might even file bancruptcy,
    Isn't Florida a non fault state??

    Im ignorant about laws in this state/


    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #2

    Nov 8, 2009, 03:06 PM

    No fault doesn't mean what you think it does. If you were at fault, you are responsible to pay for the damages. I suggest you try and arrange a payment plan or file for bankruptcy now.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,302, Reputation: 7692
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    #3

    Nov 8, 2009, 04:42 PM
    Several bad things, first bankruptcy most likely will not help. A few reasons, first bankruptcy can not relieve fines and normally payments for court ordered payments ( criminal activity)

    Plus even if the bankruptcy got rid of the debt from collections, the traffic law is different, since a drivers license is not a "right" they drivers license merely remains revolked till all of the damages are paid on the other car.

    So you will get a large fine, you will most likely get probation and be ordered to pay for all of the damages on the other car.

    So you may want to get a 2nd or 3rd job and start working out a payment plan, since you won't have a drivers license till you do
    s_cianci's Avatar
    s_cianci Posts: 5,472, Reputation: 760
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    #4

    Nov 8, 2009, 06:04 PM
    First of all, filing for bankruptcy will not relieve you from civil liability as this is not dischargeable under the bankruptcy code. I don't get your statement where you say "I sent check for payment and it was canceled without me knowing." Payment for what? And what do you mean by "canceled"? Either way, you're liable for the damages suffered by the other driver. In all likelihood the other driver's insurance paid his damages and now they're subjugating against you for reimbursement. This is quite standard practice in the automobile insurance industry.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #5

    Nov 8, 2009, 06:13 PM

    It is my understanding that judgments resulting from MV injury claims ARE dischargable in bankruptcy UNLESS it is an alcohol-related accident. (I am not talking about fines and penalties.)

    "Chapter 7 bankruptcy may eliminate most kinds of unsecured debt. Some examples of unsecured debts are credit cards, medical bills, most personal loans, judgments resulting from car accidents, and deficiencies on repossessed vehicles. In addition, you can discharge any outstanding balances after a home was foreclosed upon."

    Here is one site, although I found this info on several: Boston Bankruptcy Lawyer :: Personal Bankruptcy :: Methuen, Massachusetts Chapter 7 Bankruptcy Attorney.

    If the Law has changed, I cannot find it.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,302, Reputation: 7692
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    #6

    Nov 8, 2009, 06:23 PM

    But part of the DMV rules are you don't get your license back until it is paid, the person may not be able to garnish their pay, but the DMV will still withhold their drivers license.

    So as long as they never want to drive again

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