I got in a car accident 7 months ago. I wasn't on the owner's insurance .Denied the claim.I rear-ended another vehicle.(NO INJURIES) Now it went to a collector.They are threatening to suspend my license.The other parties insurance is blaming me for the accident but I have 2 witnesses who say otherwise but no insurance company contacted me in after the accident. When I called their insurance agent to ask for the itemized list she said, " I can't send it to you but I can tell you the amount." Don't I have the right to see it? (I contacted her a couple months ago before the collector called me). I need to speak to a lawyer for advice but what type do I need to contact? (I will NOT file for bankruptcy. I'm an 18 y/o college student.It'll ruin my credit for 10 years) I am a full-time student and work part-time but can barely afford rent.Should I stop answering the collector's calls or what should I say? Time limits to pay off amount or the suspend my license? Does it matter I'm a student?
Did they get a judgment against you? If not put your response to them in writing.Don't get into phone calls. Tell the collection person without seeing an estimate why should you pay?
Not sure why not being on the owners insurance would make you uninusured. If I borrow your car I'm covered. Do you keep a residence with your parents while in school? You may be covered under their policy. You need to work the angle of coverage. Ask the company for an explanation of why you aren't covered. Take that to a member of CAOC who handles "insurance bad faith " claims--they give free consults.
If you have a Judgment against you, your opportunity to examine and contest the evidence is over. When your license is suspended as a result of an unsatisfied judgment resulting from a car accident, it is called a DL30 suspension. Under the California Compulsory Financial Responsibility Law, if you did not have enough insurance to cover the judgment and you don’t pay the judgment, then Department of Motor Vehicles (DMV) will suspend your drivers license until the unsatisfied judgment is paid in full. This essentially forces you to pay the unsatisfied judgment or file bankruptcy to eliminate the judgment debt.
If you don't want to file bankruptcy, you need to pay the Judgment against you. You can use the threat of bankruptcy to negotiate a reduced payment. That may still affect your credit. I am not a credit expert. However, a Judgment against you also affects your credit.
If you don't have a Judgment against you, then you have another option. You can contest the damages and negotiate a lesser payment. You can pay the demand. You can still threaten bankruptcy to attempt to negotiate a lesser payment. If you have your own insurance, it may apply to this collision. Notify it of the claim against you if that is the case.
Your question was directed to Bankruptcy and I am a bankruptcy attorney. I suggest you find an attorney that handles accident litigation - you need to meet with an attorney to discuss the specifics of your case. Do so as soon as possible. Try contacting the State Bar of California for attorney referrals in your area.
