I was in a car accident a few months ago and when I called up my insurance company they told me that my insurance had lapsed. My bank account was overdrawn, which denied the payment for the insurance. The insurance company and the bank tried to contact me, but as I had just moved the mail never got to me. Now the other guy's insurance is trying to subrogate for $21,000. I have never before had an accident (until this one) and have never gotten a ticket (the police asked for my insurance, and I gave him a copy of what I thought was a current policy, so he didnt write me a ticket). I dont know how I am going to pay the $21,000. What will happen if I cant pay for it? Should I just let them take it to court? Will I get my license revoked (I'm in CA and I need it to get to work).Need some legal advice about a lapse in insurance...?
You are in very deep, smelly, s***!
You are probably already driving on a suspended license. The other guy has a case against you for damages he suffered. The fact that you did not have a sufficient balance in your checking account to pay your premium does not matter. The fact that you failed to give BOTH your bank AND your insurance company your new address DOES matter ... it shows that you were reckless and negligent!
Should the guy you hit just ';suck up'; a $21,000 loss, buy a bus pass to get around on, and save for a replacement vehicle?
You ';need your license to get to work'; ... all well and good. Did your victim need their car (destroyed in the accident) to get to their job? Did you injure the other driver? His family and/or passengers? Should the medical expenses come out of THEIR pockets ... because of your lack of responsibility?
YES! Let them take you to court! You will still be liable for the damages ... plus the cost of the court ... plus your lawyer's fees ... plus HIS lawyer's fees ... plus the cost of the court!
IMHO, any FOOL who drives without insurance should be considered ';self insured'; to the limit of ALL of their assets!
You damaged another person ... now you should make it right!Need some legal advice about a lapse in insurance...?
Yea your are liable, your going to end up in court anyway, you might want to consult an attorney, CA. has stiff traffic laws, The Judge will give you options for repayment.Good luck.
First of all you are liable for the damages, so you owe for what you did. Even if you wait and let them take you to court your still going to have to pay for what you did, you won't be able to avoid it by waiting for them to take you to court.
Plus when they take you to court and they are awarded damages by the judge, if you don't pay it will reflect as a negative on your credit rating. So in fact it will ruin your credit rating score.
There may be a couple of things that you can do. Maybe talk with your family and see if they can help you take out a loan so that you can pay for what you did. You could always get another job to help pay off the loan.
I'm sure that your insurance company is going to report that you no longer have auto insurance, so that you will not be able to drive your car. Yea, I'm very sure that your going to be stopped from driving your car, since you no longer have insurance.
Your insurance can report you to the DMV as well as the police, since you no longer have insurance. California has gotten very strict with people not having auto insurance, they don't care about the why you don't have it. They just know that you don't have insurance and that is all that matters to them.
I suggest that you try to get your family to help you to take out a loan, if you can not take out a loan for your self. Since your going to need a way to pay for what you have done. Do not wait, do some thing about it right away, so that you can take care of what you did.
If you can not get insurance for your car, due to not being able to afford it then maybe your going to need to take the bus until you can afford it. Or get rides from other people.
If I were you I would avoid driving my car with out insurance. Since your already in enough hot water as it is. You need to take care of the situation that your in, since you already have a very full plate to take care of.
It seems to me that as an adult you should have known how much money was in your bank account, so that your check to your insurance wouldn't bounce. Also as an adult its your responsibility to ensure that your creditors as well as your bank know your address and phone number. That is one reason for them to have both your home as well as your work phone numbers and addresses.
Did you also change jobs as well, so that your insurance company couldn't get a hold of you there as well?
Try taking out a loan, so that you can at least pay for what you did. As I said if your not able to take out a loan for your self, maybe see if you can get one of your family members to help you. If they help you then make sure that you pay them back so that in the future if you ever need their help again they will be there for you.
I wish you all the best. Please do not drive with out insurance now that you know that you don't have any, since your only inviting more trouble to come your way.
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