Minor Accident Without Insurance

kflood · #1 11-30-2007, 10:59 PM

I am from Wisconsin. July 2006 I was in an accident. I was at a right turn with a green arrow and the guy in front of me came to a stop, even though there was no car coming. I ran into the back of him. We were traveling at about 5 mi hr. No damage to my vehicle, a minor scratch to his. He jumped out of his car, was very threatening to me, and complained he would miss work because he would have to go to the doctor. We called police, he determined the damage was under 1000 and there were no injuries. We filled out exchange of information form, at the time I thought I had insurance. Come to find out it was lapsed for nonpayment. My stupid mistake. I was contacted by his insurance company and I was ticketed for
inattentive driving. I paid my ticket and paid his damages which were 600.
Now a year later they are claiming there are 5000$ in medical bills to be paid. There is no way anyone was injured and I think he is trying to collect all that he can. There has been no court action and I have only been threatened by a subrogation company. Do they need to take me to court to prove there was an injury? I asked for documentation of the injuries and was told that they cant release that info to me. What should I do. They are threatening to suspend my licence an registration. Although I have not recieved anything from the DMV.

kflood · #2 11-30-2007, 11:01 PM

I also reinstated my insurance and have kept it current

aaron · #3 12-01-2007, 07:29 AM

Hang onto the proof that you paid the $600.

Have you been sued?

kflood · #4 12-01-2007, 07:43 AM

no I haven't been sued. The people contacting me are a subrogation law firm from Chicago. They claim they are requesting that my license be suspended and I asked for proof of any injury and they will not provide me with that. I checked with the DMV and there is nothing pending as far as a suspension. Don't they have to take me to court first to prove that there was in fact an injury or can they just claim this?

I paid the 600$ by check in payments right after the accident to a company called Insurex, I was told they were the collection agent for USA Insurance. He supposedly was in the Army and that is his carrier for insurance.

Also when I was contacted by Insurex in the beginning, I can't believe how unprofessional they were. The woman told me that if I didn't have insurance I should have been riding a bus to work. When I explained that it lapsed because of nonpayment, she laughed and said I had no right to be driving. I told her I have three children and am a single mom, that I ran short of money for the premium. She actually hung up on me three times and I finally hung up and didn't answer as she had me so upset and I had an anxiety attack. I live in a rural area, we have no public transportation.....I cannot lose my license. I need to be able to get to work. Are these companies normally that abusive to people? I am wondering if it was really a company or if I was being conned.

aaron · #5 12-01-2007, 08:13 AM

Wisconsin's financial responsibility laws are described here. It appears that the DMV should have already detected that you were uninsured, and verified that the damages were paid by you.

kflood · #6 12-01-2007, 08:41 AM

So what should I do? I have never been contacted by the DMV, I have never had any court hearing. The company is claiming I owe this money, should I just wait to see if the DMV contacts me?

kflood · #7 12-01-2007, 08:51 AM

I read the info you gave me and as far as I know there was no accident report filed. We just filled out an exchange of information form. If we didn't file a report, can they come back and say there was an injury? The police officer already determined there wasn't, it also states that if there was an injury it is his responsiblity to report the accident to the DMV. If he didn't file a report am I still in jeopardy of losing my license?

aaron · #8 12-01-2007, 08:51 AM

I have no way of knowing what was done in the past, or what this company's scheme is. They may be trying to intimidate you into paying money you don't owe. Personally, if somebody called me and said, "I want your money but I'm not going to document any losses", I would instruct them not to waste my time.

kflood · #9 12-01-2007, 09:19 AM

Thank you for your time and info. It is much appreciated! This is a great service to people like me who don't have the funds available to be able to retain a lawyer. Again thanks for the info it has helped me a great deal.