Auto Insurance Claims: how long can a person wait to sue you before it is too late., west memphis arkansas, memphis police


Question
My wife and I was driving over the bridge in West Memphis, Arkansas coming back to Memphis when the car in front of us swerved in the left lane very fast. By the time we were able to see why the car swerved, I rear ended a stalled vehicle in front of me that did not have their emergency lights on. The driver of the other car and I had words.I had no insurance at the time. The W.Memphis police gave me an alcohol test which they say they could not get an accurate reading on me so they took me to jail and gave me a DUI charge. I refused to give another breathalyzer  test because I had already taken 3. I went to court and my charges were dismissed without costs because there was no proof. Now it's been 2 years later and I am getting threatening phone calls and mail from an insurance company stating that I owe 18 thousand dollars because I was drunk and hit the car from behind and they are going to have my license suspended if I don't pay. Isn't there a law in Arkansas, that states a vehicle cannot be stalled on the bridge without emergency lights on and how long can a person wait to sue you before it is considered too late. I was never served any papers from a Sheriff. Can they really sue me and what should I do?

Answer
Hi Daniel,
As I understand your question, you are not being sued at this point in time, the insurance company is attempting to recover money that they paid to repair their clients car, his medical bills and any injury claim that they paid him under the uninsured motorist portion of the policy since you were uninsured.
Since the money has been paid out already, there is no need for a lawsuit.  You are legally liable to reimburse his insurance company.
Most companies are willing to enter into a settlement agreement that allows you to make reasonable monthly payments.
If you do not respond, they will have your drivers license suspended and turn this case over to a collection agency who will take you to court for a judgement and you will also be responsible for all their legal fees.
There are many reasons why a disabled car might not have battery power to operate the emergency blinkers.
Under Arkansas law, you are required to operate your car in such a manner as to be able to stop no matter what unforeseeable incident should occur on the road in front of you.

I hope that you find this information to be of help.
Your feedback by rating my answer will be appreciated.

Sincerely,
Bennie
San Francisco Bay Area