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    cubanita's Avatar
    cubanita Posts: 1, Reputation: 1
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    #1

    Dec 14, 2008, 02:01 PM
    About car accident and judgment
    Hello: I have important question to ask and I hope someone can help me with some advice about my case.
    On 2001 I had a first car accident, when the car accident happened I had car insurance, my car was desvasted and that was my fault because I hit someone car. The police came over and they wrote the report. I provide to the police my car insurance information and my driver license as well. Then, I went to the car insurance company and I wrote the report to then. The lady, in the insurance office told me because the car accident was my fault I do not have any rights to obtain any benefits like doctors bill or anything like this, but they will pay to the other person everything. She told me to don't worry because the insurance will pay for the another person. Then, she asked me if I have another car and I told to her no, so she told me to cancel my insurance because if I don't have any other car I need to cancel the insurance right away otherwise they can suspended my driver license, I really don't know about this. I'm from Cuba and at that time I don't speak english and I unable to read english too, so I believe in her and I sign all documents that she gave to me. She told me to not worry about this, because the insurace will be pay to the other lady. I sign off and I left.
    3 years later, I went to other insurance company in order to have another car insurance for my other car, and when the lady checked in her computer, she told me my driver license is suspended. I went to the DMV to find out why they suspended my driver license because I only have one ticket for the accident and I was pay the ticket as well. When the officer checked he told me my driver license is suspended because I have a judgment from the lawyer. I really don't understand what he talking about, and the officer provide me with the phone number for this lawyer. Well, I called to the lawyer because I though this was a big mistake, the secretary told me my driver license is suspended because the insurance refuse to pay for the accident and the lawyer went to court and he file out the paper for a judgment against me. The total balance for the judgment was 7,000 and I need to pay if I want my driver license be active again. I felt desesperate and hopeless and I agree to make a payments in order to obtain my driver license back.
    Since that day I sent a 75 dollars every month to the lawyer office and my balance now is almost 4,000. That affected my credit as well too because the judgment is in my credit and that situation destroyed my life too.
    Several months ago, I found out because I called to the Florida bar association that lawyer do not have a license to practice a law in Florida, however, I tried to re-open my case in the court but the judge sent me the letter and she told me because I'm not a responsible person with my financial situation they are unable to help me and I need to continued make a payments to the another insurance until the balance is completed. I sent the letter to the judge to let him know this lawyer do not have a active license to practice law in Florida, but nobody answer me back about this. (I sent this letter to the judge almost a year now).
    I'm very afraid person and I really don't want to do anything wrong, I want to follow always the law because I respect the law very much and I really be afraid to do anything wrong, so is for this reason I don't know what can I do in this case.
    I called to the insurance that I had when the car accident happened but they told me they are unable to find out my car insurance information because their computer are broken and they do not have a information for me. Unfortunately, because I believe what the lady in the car insurance told me I do not have any proof I meant I do not have any documents with my insurance policy number at that time of the accident. I don't know where I can find out my car insurance policy number at the time of the accident happened, because the lawyer said the insurance that I gave to the police when the accident happened refuse to pay because they said I was canceled them. Of course, I canceled them but I canceled after the accident happened because the lady lie to me. The accident was a 11 am in the morning and I canceled the insurance (I meant I sign the paper that I guess is for cancel) I canceled at 3:40 pm when I reported to the insurance about the accident.
    I hope someone can help me with some advice about this, because I really think is not fair I still pay for something that I have insurance when the accident happened, my big mistake was in believe what the insurance lady told me.
    Someone know where I can find more information about the insurance policy number that I had when the accident happened? I will really appreciate any information do you provide me. Thank you very much for your attention in this matter.
    God bless you!:)
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Dec 14, 2008, 03:24 PM

    Check with the DMV. In NY your insurance carrier and policy is kept on file with your registration. Florida probably does the same.

    I'm not sure if the insurance lady lied or not. She may have been trying to save you money by cancelling your insurance since you no longer had a car. On the other hand, she may have taken advantage of you to get the insurance cancelled so they wouldn't have to pay. I think she may have been correct in stating that they wouldn't pay your medical bills, but, if you had collision coverage they should have paid for the car. In any rate your liability should have paid something towards the other car's expenses.

    Frankly, however, because of your inaction and actions, this situation has now become very muddled and I really think you need an attorney to unravel it.

    There are several issues here. First, did your insurance pay anything towards the other driver? Second, why were you not served a summons notifying you of being sued? Third, why were you not notified that your license was suspended?

    An attorney can help you get these answers where you might have trouble getting them yourself.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #3

    Dec 14, 2008, 03:36 PM

    Legally, in this case, I don't see that it matters if the Attorney was admitted in Florida or not. For that matter, maybe he/she was then but is not admitted now. He/she appears to have a Florida office, which you have called, so this makes no sense to me. The Bar Association doesn't want pretend Attorneys running around and appearing in Court but I do not see that the Judgment would be set aside for this reason - some proved a case and got a Judgment, admitted to practice or not.

    A Judgment was obtained against you and that's what matters. I don't know how this happened if you were never served legal papers but if you didn't write or read English, maybe you were served and didn't know it.

    Did the woman in the insurance claim the policy was cancelled BEFORE the accident so they wouldn't have to pay - possibly. Otherwise this doesn't make any sense at all.

    If you want your license back you're going to have to pay off the Judgment - the same question was posted last week (driving with no insurance/concerns about drivers license). That is the way it works (unfortunately for you).

    The rest of this appears to be too long ago to do anything about or of little consequence in this matter.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Dec 14, 2008, 04:39 PM

    As for the money, if your insurance company is not paying, you sue them, stop calling, stop paying and hire an attorney to sue the insurance company to force them to pay.

    Now if you had insurnce that is what works, if you had been cancelled before the wreck that is different

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