Auto Insurance Claims: Insurance Claims, payment arrangement, bmv


Question
I rear ended someone back in 2006. I did. It have insurance at the time of the accident however, I did make arrangements to pay off the claim. I have been paying $50 a month for four years starting in 2008. I have been consistent with payments. Although I did miss a payment in 2011 and had my license suspended. I called and talk to Adam (the gentleman that has been in charge of my case file for all these years) and he told me that I would need to pay a down payment of $300 in order to have my license released and then my $50 payments had resumed. So I paid the $300 then he promptly sent me a document that stated I will continue the payments of $50 that I had to sign and have notarized and send back to him. then he sent me a letter to take to the BMV. That had happened again in January of 2012. I had only missed my payment in January due to my dad passing away. I knew that it was still a missed payment, So I scraped together what I could and paid the $300 and again Adam sent me a document to sign, notarize and he sent me back a letter for the BMV. I resumed my $50 payments. Once more I had missed a payment in March. Not because I didn't sent payment, but because it was a day passed my due date. So I talked to the Adam, and we again had set up a the same payment arrangement, $300 down, and $50 a month. So I send in my $300 and I finally called the law firm only after 2 weeks of not getting any papers from him. I found out that he was no longer with the firm. The new woman (Michelle) who took over my case file told me that she didn't care what arraignment I had set up with Adam and blackmailed me (if you will) into signing a document agreeing to $100 payments (Even though I had already sent in the $300 payment I had agreed to) in order to have my license released. I tried explaining to her that there was a reason that I was only making $50 payments. I explained to her that I was on a fixed income, two toddler boys, a wife, bills, etc., that $100 payments will be VERY hard for me. She said "that because I had missed a payment that their clients (Allstate) would not except anything less than $100. I knew that was a lie because Adam did it every time. Well, I called her in the beginning of July and told her that I was not going to be able to send in $100 by my due date. That the transmission in my mini van had blown. I had a good friend that was willing to replace it free of labor cost. But I still had to pay for a used transmission. ($360) That took a huge chunk out of my monthly income. I barely made ends meet that month. She told me that there was she would do except give me till the end of the month to send in my $100. I pleaded with her to allow me to send in only $50, but she said that if I only sent in $50 that My payments will go into default. I managed to do come up with the $100 only at the end of the month and only after deciding which utility was not getting paid. I drop the money order in the mail on the 29th of July. I called and told her that I just put it in the mail. She interrupted me and told me that it didn't matter because my payment was due on the 24th. I then reminded her that she had told me she would give me until the end of the month to send in my payment. She said "Oh yeah. well let me go into your file and make a note. I thought at the time she would make sure everything was taken care of. I called her the very next day the 30th because and left a voice mail asking her if I had anything to be worried about. And asking her to please call me back if I do, and if I don't need to worry then a call wasn't necessary. She never called back. A couple days later I get a letter from the firm that my license was again being suspended. I called and she told me that It didn't get there until the 1st of august. I then reminded her that She told me that she told me that she gave me until the end of the month. She said there was nothing she could/would do. The Document I received telling me my license was being suspended again is dated for August 1st. The same day she told me my payment got there. She now wants me to pay the entire remaining balance of $569.94 in order to get my license released. I old her there is no way I could come up with that kind of money. I do not have recourses that would allow me to have that money. I continued by saying that I am the only one in the house that drives, my wife does not have a license. My kids are going to school, and if I can't go anywhere I can't get them their money. She did not care. My mom works in collections for another company, so I know there is something they can do to work with me. I am not trying to get out of paying this debt off, I just don't have the money to pay it off at once. So, with all that I have told you, I was wandering if there is anything I can do on my end, from an expert point of view to encourage them to work with me? Whether its a plead or a law suit. Not a law suit to try to get money, but a law suit based on principal.

Answer
Hi Eric,

I'm sorry you are going through this.

Unfortunately there is not much I can help with. You can not afford an attorney to file suit.

The only thing I can suggest is that you try to call Allstate directly. Tell them the tactics their attorney is useing and ask them if they can help. Explain that you have been making the payments for years and it is almost done.

If they can not do anything then you just have to deal with the attorney. Remember, the only thing they care about is getting the money. If they agree to do anything that will help you, be sure to get it in writing before you send them any money.

Also, since the remaining balance is so small ($569.00) you may want to consider seeing if there is anyone you can borrow the money from. Perhaps your employer could give you an advance on your pay and then deduct it from your paycheck over a couple of months. Or perhaps there is a family memnber that could help you out. This is just to get the lawyers off your back and stop suspending your license.

I hope this helps
Richard Hixenbaugh