QuestionA little over a month ago I was stopped at a red light about to make a right turn when a car rear ended me. We both pulled over and the lady said she was "so sorry, she thought I had already went." She told me she could not stay and wait for the police because she had to pick up her young daughter at school and didn't want to leave her at the school by herself. I wrote down all her information, license plate number, vin #, insurance policy #, address, and she even gave me her "cell" number. I call my insurance company and they said to call her insurance and report the accident to avoid having to pay the deductable. Now, over a month later her insurance company says they cannot contact her by phone or by mail. I gave them the cell number she gave me, which turned out to be a fake number. Now the insurance agency is telling me they cannot do anything about my claim because they have not heard from the other party. I have $1300 in damages to my rear bumper and cannot afford the deductable. Do you have any suggestions on what my next steps should be?
Thanks for your time!
Alicia
AnswerHi Alicia,
The tortfeasor's company is correct: they really cannot do anything for you since their insured will not speak with them. So, you will have to go ahead without using her insurance.
Here are three choices, only one of which is anywhere near good right now.
#1. FILE AN AFFIDAVIT WITH THE DEPARTMENT OF FINANCIAL RESPONSIBILITY
This is the tactic of using your state department of financial responsibility (could be part of the department of motor vehicles or part of the department of licensing). What that department will do is to receive an affidavit of loss, proof that she had no insurance, and then they will suspend her driver’s license until she posts the damages in a bank account or otherwise works out a satisfactory arrangement with the insurance claimants.
Your state likely does have a method for securing financial responsibility when an uninsured motorist causes an accident. In short, the statute will usually provide a way for the victim to file an affidavit with the state as to the amount of damages. This affidavit usually has to be filed within a certain time, perhaps 90 days on average.
Three tips here: #1—insofar as you are concerned she IS UNINSURED. NO INSURER has appeared for her, so she must be uninsured UNTIL she proves otherwise. #2—in your affidavit include BOTH property damage AND medical costs AND lost wages AND pain and suffering. #3—DO NOT let them tell you that the time has expired since the tortfeasor CANNOT TAKE ADVANTAGE of the time limitation as a defense since she lied with her contact information.
The process thereafter moves quickly, and she will have her driver's license SUSPENDED until she makes good for her losses. Once the state determines who is at fault and that the victim’s affidavit is an accurate statement of the victim’s loss, then they will send the tortfeasor a certified letter in which the tortfeasor has something between 30 days and 60 days to post financial responsibility for that accident or her LICENSE WILL BE SUSPENDED.
The tortfeasor has three ways in which to avoid a suspension of his license.
#1 is to pay the amount and file a receipt from the victim.
#2 is to post that amount in a bank account blocked in the name of the state, pending resolution of the underlying dispute. The tortfeasor can earn interest on money so posted. One might thusly take out a loan and post that money and pay back the bank monthly.
#3 is to work out some kind of arrangement with the victim to pay monthly. In order to do that, and for the victim to file a receipt with the state, the tortfeasor would have to make a promissory note and file some security, such as a car. Any commercial attorney can make the necessary collateral filing to perfect the victim’s lien in the tortfeasor’s asset.
Also, once she is in a financial responsibility category, she will find that next time her insurance will cost more than it would have this time. That is because she will be in a "high risk" category according to the insurance industry. Some states require you to make what is called a "SR-22" filing for proof of insurance. Her costs for insurance just took a BIG hit.
#2. DELAY REPAIRS—USE YOUR FIRST PARTY BENEFITS FOR MEDICAL CARE
You do not need these repairs if it is only such a small amount for the bumper. I take it that your vehicle is serviceable, so what is the rush to get repairs done? I would BE CERTAIN to have all pains of any nature attended to. You have first party benefits through PIP or Med/Pay so your medical costs will be covered.
#3. FILE A LAWSUIT ASAP—but only if you are injured.
This step will get her attention right quick! Ain't nothin like getting served with a summons and complaint during dinner or when at work to make a party squeal for her insurance company.
Problem is, DO NOT USE SMALL CLAIMS COURT since that will be for property damage only, and you likely WILL HAVE SOFT TISSUE INJURIES. You cannot sue for just property damage and try to save the personal injury for later. That is splitting your cause of action, and not allowed.
Hence, gather your medical records and seek out an attorney and have her sue this woman ASAP.
OK, Alicia, those are your choices. My favorite is #1 since this smart-alecky action of deceiving you to your face will get this woman's license suspended if she does not jump once she gets that state letter!
I trust that my time here has produced some information that has been of value to you, and thus I would respectfully request that you take the time to locate the FEEDBACK FORM on this site and leave some feedback for me.
Best Wishes,
Dr. Settlement, J.D. (Juris Doctor)
http://www.SettlementCentral.Com
