Ask Me Help Desk - Auto accident lawsuit and BROKE

Hi,

I was in a recent auto accident that involved a 3 car collision. I was in the far rear position in which I hit the middle car and then I believe the middle car hit the car in front of him. I thought I had liability insurance at the time but it looks like my insurance had been canceled 20 days prior to the accident due to non-payment. I have just received a letter from two attorneys representing the insurance companies that I make immediate payment to the damages to their client's auto. One is requesting in an amount $8000+ and has threatened that I do or litigation will brought forth and I will if applicable pay for damages including their attorney fees. I am TOTALLY BROKE. What kind of a world of hurt am I in and what will happen? I am unemployed and the only source of income (very little) that I receive right now is from the unemployment checks. What will happen to me in terms of the law and the logistics of their collection, etc. I currently reside in the state of VA and all this happened in CA. What will happen when they sue me and I ignore or don't show up in court? What happens? Thanks.

Quote:

Originally Posted by BenD

Hi,

I was in a recent auto accident that involved a 3 car collision. I was in the far rear position in which I hit the middle car and then I believe the middle car hit the car in front of him. I thought I had liability insurance at the time but it looks like my insurance had been canceled 20 days prior to the accident due to non-payment. I have just received a letter from two attorneys representing the insurance companies that I make immediate payment to the damages to their client's auto. One is requesting in an amount $8000+ and has threatened that I do or litigation will brought forth and I will if applicable pay for damages including their attorney fees. I am TOTALLY BROKE. What kind of a world of hurt am I in and what will happen? I am unemployed and the only source of income (very little) that I receive right now is from the unemployment checks. What will happen to me in terms of the law and the logistics of their collection, etc.? I currently reside in the state of VA and all this happened in CA. What will happen when they sue me and I ignore or don't show up in court? What happens? Thanks.

They will sue you, present the facts and attempt to get a Judgment against you. In many States a Judgment as a result of an uninsured accident causes you to lose your Driver's License until the Judgment is paid in full. Then the Judgment will be put on your credit report and will follow you around until it is paid.

I'm a little puzzled that you would post this immediately after telling someone else to look their answer up on the Internet instead of bothering people. This information is also available on the Internet.

Quote:

Originally Posted by JudyKayTee

I'm a little puzzled that you would post this immediately after telling someone else to look their answer up on the Internet. This information is also available on the Internet.

Side note, that post has been removed for rudeness

This is the issue, you can't pay, you did not have insurance and obvious you were at fault.

So you can show up and lose or just not show up and still lose. They will get a judgement against you, most likely both people ( insurance companie) will sue and there will get a judgement.

You lose your drivers license till till it is paid.

Quote:

Originally Posted by JudyKayTee

They will sue you, present the facts and attempt to get a Judgment against you. In many States a Judgment as a result of an uninsured accident causes you to lose your Driver's License until the Judgment is paid in full. Then the Judgment will be put on your credit report and will follow you around until it is paid.

I'm a little puzzled that you would post this immediately after telling someone else to look their answer up on the Internet instead of bothering people. This information is also available on the Internet.

Hi Judy,

The insurance company that represents the very front vehicle(in the 3 car collision) has sent me a letter to pay approximately $600 for property damage to their vehicle. When I spoke with them, they were willing to settle for approx. half the amount. When I read the letter that they had sent more closely, I was wondering why it was stating "At this time..." and inquired and she told me that the amount they are seeking right now is for damage to the vehicle and that the client has retained a lawyer and has claimed bodily injury. The funny thing is that his vehicle didn't sustain any damage except maybe a black paint streak from the middle car. And he and his family were standing very quietly on the median throughout this whole incident. No one complained of any injury or looked in distress. In fact, two ambulances came and I was the only one looked over by the medics. The property damage if at all that they are seeking if very minimal and now they've retained a lawyer and claims of bodily injury?? If anyone sustained bodily injury, it would be me or the party that I hit directly. Both parties were out of their vehicles walking fine and showed no distress,etc. So, I told the insurance co. that I'm not sure why I should be negotiating a settlement deal when this bodily lawsuit is still out there. This person is trying to take advantage of me and it disgusts me. Like I said, I was the one who would've sustained the most injury if at all (and I don't have any) so I am puzzled why this guys is doing this except but to exhort money from me. How do I combat this? Do I just wait for their lawyer to serve me for bodily injury? Why would someone get a personal lawyer right away and not let their insurance company take care of it? Any advice would be appreciated and what I can expect. Should I hire a private detective? Thanks.

I remember the first accident I was ever in (one of a very few). I was on a date and passing a movie theatre. Traffic was moving slowly and I was just drifting. I took my eyes off the road for a moment to check the posted show times on the theatre. Traffic stopped and I bumped the car in front of me. The other driver was also a kid on a date in his father's car. There was barely a dimple on his rear bumper.

We exchanged info and I told him to call with a damage estimate. When I got home I told my father about it and he said lets see what they say. The father called ane gave an outrageous estimate of repair. We were both insured by the same carrier so my father said to just report it to the carrier. So I relayed this to the father and he said "Well if I'm going through the insurance company I'm going to send my kid to the doctor." Next thing I knew we were being sued. The insurance company handled it so I never knew what the resolution was.

So yes, people will do things like that. If you were insured you would have no worries, but because you weren't you are personally liable. If you want to fight this, you will have to hire a lawyer who may hire PIs etc. But if you are broke, I don't know how you will pay this.

Quote:

Originally Posted by ScottGem

I remember the first accident I was ever in (one of a very few). I was on a date and passing a movie theatre. Traffic was moving slowly and I was just drifting. I took my eyes off the road for a moment to check the posted show times on the theatre. Traffic stopped and I bumped the car in front of me. The other driver was also a kid on a date in his father's car. There was barely a dimple on his rear bumper.

We exchanged info and I told him to call with a damage estimate. When I got home I told my father about it and he said lets see what they say. The father called ane gave an outrageous estimate of repair. We were both insured by the same carrier so my father said to just report it to the carrier. So I relayed this to the father and he said "Well if I'm going through the insurance company I'm going to send my kid to the doctor." Next thing I knew we were being sued. The insurnace company handled it so I never knew what the resolution was.

So yes, people will do things like that. If you were insured you would have no worries, but because you weren't you are personally liable. If you want to fight this, you will have to hire a lawyer who may hire PIs etc. But if you are broke, I don't know how you will pay this.

As a side issue - and I haven't thought of this in years - I had my mother's car, pulled into the driveway... straight into my father's car.

Ever try to settle collision claims with your father? I never heard the end of it.

I don't even remember what I was doing when I should have been looking straight ahead.

Quote:

Originally Posted by BenD

Hi Judy,

The insurance company that represents the very front vehicle(in the 3 car collision) has sent me a letter to pay approximately $600 for property damage to their vehicle. When I spoke with them, they were willing to settle for approx. half the amount. When I read the letter that they had sent more closely, I was wondering why it was stating "At this time..." and inquired and she told me that the amount they are seeking right now is for damage to the vehicle and that the client has retained a lawyer and has claimed bodily injury. The funny thing is that his vehicle didn't sustain any damage except maybe a black paint streak from the middle car. And he and his family were standing very quietly on the median throughout this whole incident. No one complained of any injury or looked in distress. In fact, two ambulances came and I was the only one looked over by the medics. The property damage if at all that they are seeking if very minimal and now they've retained a lawyer and claims of bodily injury??? If anyone sustained bodily injury, it would be me or the party that I hit directly. Both parties were out of their vehicles walking fine and showed no distress,etc. So, I told the insurance co. that I'm not sure why I should be negotiating a settlement deal when this bodily lawsuit is still out there. This person is trying to take advantage of me and it disgusts me. Like I said, I was the one who would've sustained the most injury if at all (and I don't have any) so I am puzzled why this guys is doing this except but to exhort money from me. How do I combat this? Do I just wait for their lawyer to serve me for bodily injury? Why would someone get a personal lawyer right away and not let their insurance company take care of it? Any advice would be appreciated and what I can expect. Should I hire a private detective? Thanks.

Okay, from the top - and, once again, I don't think you're going to like what I have to say.

Whether the Attorney or the people you hit are taking advantage of you or not is anybody's guess. They do need medical documentation to prove their injuries - or claims or injury.

As far as everybody appearing fine at the scene it is not the least bit unusual for the medical problems to start the next day or the day after that. Shock, disbelief, whatever mask the injuries. I see it all the time and about 90% of the potential Defendants I interview say that same thing - "They weren't hurt at the scene" and/or "They refused medical attention."

If the hit was hard enough that somebody called an ambulance for anyone it was a hard enough hit to injure someone. PLUS them middle car took two hits - the one from you and the one when they hit the car ahead of them. The first car took one, of course.

It is simply not correct that if anyone had sustained injuries it would have been you.

As far as minimal property damage - how much damage was there to all three cars? One of the most tragic accidents I've investigated in all my years was a woman who was left a partial paraplegic. Her head was slightly turned, looking to her left, waiting to pull over behind stopped traffic when she was hit in the rear. I personally photographed her car and couldn't find the damage - which ended up to be very minor and under the driver's side bumper. So, yes, it can happen.

If you want to fight it you go to Court with your proof and try to discredit their proof. "Someone" would get an Attorney now because you have no insurance and they have no one to negotiate the claim with. Otherwise would they be negotiating with your company, sure. Can they negotiate with you? Apparently not because from what you've said, they tried or their insurance company tried.

You are disgusted that they are trying to "extort" money from you; they are disgusted that you were driving without insurance. Be grateful you didn't kill somebody.

Would I hire an investigator this long after the accident? No, I don't think I would - the accident is so old it's cold. Some insurance company has already talked to you and, trust me, they weren't on your side and their questions weren't to help you out.

The other people have an Attorney so they aren't going to talk to anybody.

The insurance company has interviewed the witnesses.

I don't see anything that is going to be determined that will change anything.

Whether you want to try to settle or wait to be served is up to you - it's a roll of the dice and you have to look at all sides of it. Keep in mind that when you go to Court and you were driving uninsured, you don't enter the Courtroom with clean hands.

Everybody makes mistakes. I'm not saying this was deliberate on your part. I'm saying I do a ton of Plaintiff's work and I see problems ahead for you given these circumstances.

Several things,

In most states, to collect bodily injury they will have to get a lawyer and sue you, then when they win, their insurance will pay according to their policy on medical payments or other coverage.

But often it is two or three days latter than you start feeling bad, esp when hit from behind, I know the last time I was hit from behind, I was great at the scene, but the next day I could not get out of bed.

So if you get sued, you will need an attorney or basically you will lose.