Accident and Cancelled Insurance Policy

[Ghertee]

What is the name of your state? TEXAS

First of all I would like to say hi to everyone on the board and thank you for taking the time to read this question.

I received a notice from my insurance company saying that since full payment wasn't received, my policy was going to be cancelled. About 3 months after the cancellation date, I hit a truck in the back (no witnesses and police was not called). I gave him old, expired insurance info. He didn't look at my driver's license at all by the way. Anyways, so we left. now today, a month later, I get a letter from HIS insurance company saying that their "investigation" has shown that I am the party at fault and I need to contact them, otherwise they will refer the matter to their attorney.

The accident itself wasn't that bad, his bumper was scratched a bit. they do NOT have my current address, they have the address listed on my old insurance card and their letter was just forwarded to me. What are my options here? What kind of legal action can they take?

Help me out please,

Thanks,
G

 

[greenjeans]

Unfortunately, they can sue you for the damages and arrest you for no insurance. What may have seemed like something small at first could very well been a bigger problem on the other side of the bumper. They know who you are, they can find you. Contact them to work it out.
Let me know how it turns out.

 

[madddaddy]

Oh dont worry your drivers license will be suspended too......because you didnt have insurance.

best bet...pay them off tomorrow (get reciepts, and a release from all claims etc.) before they report you to motor vehicles....

maybe you can squeek by....

 

[JETX]

Greenjeans: Sorry, but you are incorrect in your post where you say "Unfortunately, they can sue you for the damages and arrest you for no insurance." The insurance company has no authority to have anyone arrested.

Madd (aka Rentertroll, Mackkk, etc.) is just ignorant (and holds the record for number of times he has been kicked off this forum... but is too stupid to accept his ignorance!).

Anyway, Ghertee, here are the FACTS:
1) If you are implying that them only having your old drivers license address helps, it doesn't. By having the letter forwarded to you, they now have your current address. And even if they didn't, it is VERY easy to get.
2) If you don't make arrangements to pay for the damages you caused, the insurance company could file a lawsuit against you to recover their damages. This would include the actual costs, plus attorney fees, plus costs, plus interest.
3) If they get the judgment (and they probably will), they can seize any non-exempt property that you own.
4) Also, with the unpaid judgment, they can file a copy with the DPS and your license will be suspended until you have either paid, or entered into a repayment plan. And it will cost you another $100 to get your license reinstated.

 

[totallybroke]

not to mention the fact that to renew your drivers license and your car registration in TX you must show proof of Insurance. You must also show proof to get your inspection or emissions testing. Also most insurance companies in TX use a credit scoring so if you have a judgment against you, and also the accident with bad credit your insurance will be sky high!

 

[Ghertee]

I really appreciate the help. But one question, why can I not just deny it? Can't anyone just call their insurance and say this person hit me if they find a cancelled insurance card? Like I said, I did NOT show him my driver's license. so:
a) it could have been anyone driving that car
b) He could have just made up the whole thing, right?
the damage to my car is negligible.

Thanks again,

G.

 

[I AM ALWAYS LIABLE]

I really appreciate the help. But one question, why can I not just deny it? Can't anyone just call their insurance and say this person hit me if they find a cancelled insurance card? Like I said, I did NOT show him my driver's license. so:
a) it could have been anyone driving that car
b) He could have just made up the whole thing, right?
the damage to my car is negligible.

Thanks again,

G.

My response:

Sure, you could deny this ever happened. Go ahead and do that.

However, how are you going to explain how he got your insurance information; e.g., policy number, etc., that he wouldn't have received IF this accident never happened? Hmmm?

You're not thinking.

IAAL

 

[JETX]

One more thing.... remember, you weren't contacted by just some 'dweeb' that claims you were in an accident with him/her. You were contacted by the insurance company. And they have DEEP pockets, especially if they think that someone is trying to 'duck' their responsibility.

So, go ahead... deny. Then, if/when the insurance company investigates and finds substantial evidence (like IAAL said, how did the person get your insurance info, etc.?), they will be sure to file an SR-22 violation with the DPS.

 

[Ghertee]

alright I see what you guys are saying BUT the ONLY 'evidence' they can have is that some guy claims I hit him and he has a CANCELLED policy #! A paper I could have very well thrown away when it was cancelled.. Am I being totally off here?

 

[I AM ALWAYS LIABLE]

Am I being totally off here?

My response:

Yes, you are.

Imagine how that excuse would "play" in front of a jury. Would YOU believe it? And besides, think of all the lying you'd be doing during the litigation process.

Perjury, when they discover it, is going to cost you some jail time.

IAAL

 

[JoBarry]

Ghertee - the point is you did hit this person and have admitted such and you have to face up to it. You indicated the only evidence they have is that "some guy claims" you hit him....You did and you admit it. You stated their insurance company wants you to call them but you are avoiding them.....which is only going to aggravate the situation. For all you know they are going to ask for a minor amount of money to repair the bumper which was "scratched a bit" and by you avoiding it you will end up incurring a lot more costs (as Halket indicates). You can always dispute the facts later but by avoiding them you only make yourself look more guilty.

I was in an accident where the other driver was at fault. She then lied (even though she knew she was guilty) which led to her insurance company denying full benefits. This has now resulted in my having to file a lawsuit against her. I bet now she wishes she would have faced up to what she did and saved herself the hassle that I am determined to put her through in return for the last year of crap I went through.

My advice, face up to it and take care of it now. This is one won't go away...