Results 1 to 6 of 6
  1. #1

    Exclamation Lawsuit Over a Car Accident With No Insurance, Not at Fault, No Citation

    My question involves insurance law for the state of: Florida

    This is kind of lengthy, so I apologize in advance.

    I was involved in a car accident. The other party pulled out to make a left across my lane, hit the right front side of my car. It was a teenager, he didn't want to wait for the cops, so no citation. Since it was his fault, I got his insurance info.

    I filed a claim with his father's insurance company. When they asked for my insurance info, I told them that I had had insurance through my bank while pay my car loan, but I hadn't heard from them regarding the insurance since I paid off the car a few months ago, so I wasn't sure what my insurance status was -- I assumed when the next amount was due, I would get a letter, so I wasn't worried.

    Turns out, when my car loan was paid off, the insurance stopped. I was not notified by the bank or by the state about lack of insurance or DL suspension (valid DL the entire time), so I wasn't aware that I was driving uninsured. I told the other party's insurance company this and continued to file the claim.

    I am in a rental provided by them and they are repairing my car.
    The father of the teenager called me and threatened to have the cops come to my house for not having insurance at the time of the accident -- I never admitted to him that I didn't have insurance, I think he assumes I didn't because I didn't return his call.

    I called the Dept of Highway Safety and Motor Vehicles and asked what can happen in my situation. They said the police won't ticket or arrest me for not having insurance at the time of the accident, but he/his insurance company can file a civil suit and my license can get suspended for up to 20 years..

    So my question(s):

    1. How likely is it that they will sue me in civil court, does this happen often?

    2. If it goes to civil court and I a) show current proof of insurance (obviously not irresponsible driver since I got the insurance soon after finding out that I didn't have it), and b) explain to the judge that I had insurance attached to my car payment and that it ended when the loan was paid off and I was never notified that there was no insurance, by either the state or the bank -- what are the potential outcomes?

    I'm on the verge of an anxiety attack b/c of the possible suspension for 20 years... I'm in school and work full time so I can't afford to not have my license.

  2. #2
    Join Date
    Jan 2006
    Posts
    27,914

    Default Re: Florida Car Accident -- No Insurance, Not at Fault, No Citation -- Civil Suit

    I called the Dept of Highway Safety and Motor Vehicles and asked what can happen in my situation. They said the police won't ticket or arrest me for not having insurance at the time of the accident, but he/his insurance company can file a civil suit and my license can get suspended for up to 20 years..
    did anybody give you any support, specific statute, or any bit of proof that is true? I have not scoured the statutes looking for any such action but I have never heard of such a claim before.

  3. #3

    Default Re: Florida Car Accident -- No Insurance, Not at Fault, No Citation -- Civil Suit

    She never quoted a specific statute. Just told me that even though it wasn't my fault, since I was uninsured at the time of the accident, they could file a civil suit and if judgement is rendered against me, I could have my DL suspended

  4. #4
    Join Date
    Jan 2006
    Posts
    27,914

    Default Re: Florida Car Accident -- No Insurance, Not at Fault, No Citation -- Civil Suit

    the DL suspension is a good possibility. . I haven't checked statutes for that either but it is very typical in states that have mandatory insurance.

    well, I did find something such as you were told:

    Proceed to obtain a final judgment from a Florida court against the at-fault party. Once a final judgment has been rendered and thirty days has expired from the final judgment date, obtain a certified copy from the court and send the certified judgment and the crash report to us.
    Here is what will happen.

    A. If the party had Personal Injury Protection and Property Damage insurance but no Bodily Injury coverage and you sustained both damages and injuries.
    You can obtain the insurance details for property damage coverage from us by providing a written request along with a copy of the crash report and file for the damages with their insurance company. The judgment will be enforced for injuries. While normally the law provides us authority to suspend a license of an uninsured party only for 3 years, in the case we have a judgment, we have the authority to suspend licenses, tags and registrations for a period of 20 years or until the judgment is satisfied.

    B. If the party had no insurance at all.

    The judgment will be immediately enforced and the at-fault party's license, tags, and registrations will be suspended for 20 years or until the judgment is satisfied.

    The reports and judgment must be sent to:

    Bureau of Financial Responsibility
    2900 Apalachee Parkway, Room A212, MS 98
    Tallahassee, Florida 32399-0585
    first, if you are sued and found at fault for the accident and there is a judgment for damages, you have to pay them (obviously). If you are not found at fault, it isn't applicable.

    Then, if you fail to pay the judgment within 30 days, it can be reported to the Bureau noted. They will then suspend your license and registration for UP to 20 years OR until it is paid.

    In other words; if you are not at fault, this doesn't apply. If you are at fault and pay the damages without being sued; this doesn't apply. If you are sued and have a judgement against you, if you pay it within 30 days; this doesn't apply to you. Then, if your license is suspended due to this, it is only until you pay the judgment.

    In your situation, it appears the other driver is at fault so it simply does not apply to you.

    you need to verify that your DL is not currently suspended for the lack of insurance at the time of the accident.

    http://www.flhsmv.gov/ddl/frfaqcrash.html

  5. #5

    Default Re: Florida Car Accident -- No Insurance, Not at Fault, No Citation -- Civil Suit

    There was no citation issued since the police weren't called, but the insurance company DID accept liability for the accident, based on where the damages to my car are... Even though they accepted fault BUT no ticket was issued to the other driver, would they still be considered at fault in court? It also says that the other party should send a crash report -- there is no crash report.

  6. #6
    Join Date
    Jan 2006
    Posts
    27,914

    Default Re: Florida Car Accident -- No Insurance, Not at Fault, No Citation -- Civil Suit

    if the other party's insurance company did not believe their client was at fault, you wouldn't have gotten the rental or you car fixed by them. Based on that, there is no reason to sue you. If for some reason they decide to, all you can do is present your case in court. If you weren't at fault, the other party should lose.

    I don't see a concern with the 20 year license suspension issue.

    1. Sponsored Links
       

Similar Threads

  1. Car Accident, At Fault, No Insurance
    By Brandymjw in forum Traffic Accidents
    Replies: 3
    Last Post: 05-27-2010, 10:15 AM
  2. Auto Insurance: In an Accident With No Insurance, Not at Fault
    By buddy42 in forum Insurance Law
    Replies: 8
    Last Post: 05-13-2010, 06:34 PM
  3. Traffic Accidents: Can the Bad Faith Lawsuit Be Filed Against the At-Fault Car Insurance
    By compiler in forum Accidents and Injuries
    Replies: 4
    Last Post: 09-25-2009, 10:50 AM
  4. Auto Insurance: No Citation for Accident that was My Fault
    By jeezidunno in forum Insurance Law
    Replies: 1
    Last Post: 12-21-2006, 06:56 PM
  5. Auto Insurance: In a Car Accident Without Insurance, but Not at Fault
    By jmstang in forum Insurance Law
    Replies: 2
    Last Post: 11-28-2005, 12:09 AM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 
Forum Sponsor
Find A Lawyer - Free, confidential referrals.
Legal Forms - Buy easy-to-use legal forms.




Untitled Document