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Accident in friend's uninsured car

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kmg89

Junior Member
State: Michigan

Ok, I was in a car accident about 4 years ago. I had borrowed a friend’s car so that a couple friends and I could go to the movies for my birthday. I was 16 at the time of the accident. Before I borrowed the car, I asked the owner if there was insurance on the car and if everything else was legal. He told me yes. After the accident, I was informed that there was in fact, no type of insurance on the car.

The owner of the car had cancelled the original insurance he had on the car to try to find cheaper insurance. He was referred through a friend to a man that supposedly could get him insurance on his car for only $100. It sounded pretty shady to me, but he went through with it and proceeded to drive his car everywhere believing there was insurance on it. After the accident, we were informed that the man who offered the insurance was running some type of scam and had taken a lot of people’s money. I am unsure if he was ever caught and prosecuted for his crimes.

The accident happened like this: I was pulling out of a parking lot going straight across a road into another parking lot directly across the road from where I was. There was a red light at the end of the road which was not very far away. This made it so that traffic was backed up in front of my car in the road. However, a man in a truck stopped early and left me enough room to pull out and go across in front of his truck. He motioned with his hand for me to go. After that I looked both ways, saw nothing coming, pulled out slowly, and proceeded to drive across to the other parking lot. As I pulled in front of the man’s truck and into the lane on the other side of the road, my car was struck on the passenger side. Like I mentioned earlier, I had looked both ways before pulling out to make sure nothing was coming. The woman that hit me was speeding. We were in the middle of a city. The speed limit was most likely 35 mph (if not slower). She was going much faster than that. If she had been going the speed limit, I would have been able to see her coming when I looked before pulling out. After the police arrived, they determined that I was technically at fault, but no ticket was issued.

Now I am getting letters about how I owe over $12,000 for the woman’s car since there was no insurance on the car I was driving to cover it. The most recent letter I received is a request and writ for garnishment of my income tax refund/credit. The writ had my name on it, but an incorrect social security number. I have no idea what to do. There is no way I can come up with that much money. I am currently in college and I just moved to a new location so I have not been able to find employment yet. Even when I do, there is no way I am going to make that much money. I feel that the man who was running the insurance scam should be held responsible. If there had been insurance on the car, I would not have to worry about paying over $12,000 because it would have been covered by the insurance. I would not have borrowed the car if I had known it had no insurance on it. I just need to know what my options are and what I should do. My mother insists that I just “don’t worry about it.” She thinks that the statute of limitations will run out and I won’t have to worry about it anymore. I am not really in contact with the owner of the car anymore and I am unsure if he has received any type of papers regarding the issue. I want to take care of this as soon as possible before it causes further problems for me since the amount owed is getting larger due to legal fees and interest. Any advice is greatly appreciated.What is the name of your state (only U.S. law)?
 


Zigner

Senior Member, Non-Attorney
Sounds to me like you need to grow up and realize that ignoring a situation like this (as mom suggests) is only going to further hurt you. You were 100% at fault for this accident. You owe the money and you may already have a judgment against you. It is time to speak to a local attorney, at least for a consultation.
 

kmg89

Junior Member
I am simply asking for advice because I have never been in a situation like this and don't know what to do. I am not ignoring it. I am trying to take care of it. I know I was at fault for the accident. I am not denying that. I am just unsure if I am the only one that this pertains to, or if the owner of the car and/or the man who claimed he had insurance also face some type of legal responsibility.
 

fairisfair

Senior Member
uh.... huh... and because EVERY 16 year old asks about insurance documentation when they snag someone's car for a trip to the movies....:rolleyes:

and no.... no one but you has any responsibility. They weren't driving.

However, garnishing your taxes will be tricky without a correct social security number.....

and you are getting letters from whom?
 

cyjeff

Senior Member
I am simply asking for advice because I have never been in a situation like this and don't know what to do. I am not ignoring it. I am trying to take care of it. I know I was at fault for the accident. I am not denying that. I am just unsure if I am the only one that this pertains to, or if the owner of the car and/or the man who claimed he had insurance also face some type of legal responsibility.
The primary responsibility is yours.
 

kmg89

Junior Member
First of all, I DID ask whether or not the car was insured because I was suspicious about my friend's method of getting insurance. I only borrowed the car after he told reassured me several times that he was sure the car had insurance on it. Just because I was 16 does not mean I was an idiot and didn't care about the legality of the car I was about to borrow.

I have received letters from the woman's insurance company's attorney.

If I go and get an attorney, I'm not sure what good (if any) that will do me? I will most likely still owe the money, unless they somehow find that I have a case...which doesn't sound very promising right now. I am just trying to figure out how this whole situation will work out. I really don't like having it hanging over my head that I owe someone $12,000 so I would love to take care of it... but I don't know what to do about it because I don't have that much money. I know that once I find a new job, they will garnish my wages, but I am unsure what other kinds of action they can take? I am just asking for advice and help and I would greatly appreciate it if people would only post a reply if they have something helpful and related to post. Thank you.
 

kmg89

Junior Member
Also, I have had someone suggest to me that I should just file for bankruptcy. I have no idea how that works or if it would be a good or bad idea?
 

ecmst12

Senior Member
Not a good idea, won't prevent your license from being suspended. Now, were you listed on your parents' insurance at the time? If so, they could have provided coverage, but it may be too late now.

Call them and try to work out a payment plan. Find out if they already have a judgement against you. Ask for documentation for the expenses they are claiming.
 

StephenH

Member
They can levy your bank accounts and take away any property you may have (cars, houses, etc) after a jugdment is issues. If you don't have any assets to satisfy the judgment (sounds like you don't), it may remain on your credit report for as long as 20 years or more. If you get a job, you may able to make payments on the judgment over time. This can affect your ability to get credit such as loans, credit cards, car loans, or home loans.

If you declare bankruptcy, this will also harm your credit report even more but it will reduce or eliminate the amount of the judgment. It will remain on your credit report for at least 7 to 10 years, and reestablishing credit history will be difficult for 3 to 5 years after.

You should talk to your attorney about the situation. If this is indeed a scam, you may have a defense in court. If this is legitimate on the other hand, you probably owe the money.
 

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