Taking Payments for an Accident

[rhuprect]

My question involves an injury that occurred in the state of: Ohio

Last September my car was hit from behind by an un-insured driver. She claimed that she was insured by handing the officer at the scene a hand written note with the word “Geiko” on it. The accident report states that proof of insurance was given.

I contacted Geiko to submit my claim and was informed that she had no coverage at the time of the accident, but they would investigate and possibly cover the claim. She had just purchased the vehicle and was still in the “grace period”.

In mid-December I received the official notice from Geiko stating that there was no coverage for the accident. Their stated reason was that they were not able to contact their insured. In the time between the accident and this notice, she was telling me that she was talking to them to see if she could get them to cover the claim.

I sent her a message when I received the notice in December stating that I was going to proceed with the matter as if she were un-insured. There were two repair estimates, one was $865, the other was over $1,200. I asked her for the amount of the lower one.

I proceeded to submit a BMV 3303 un-insured motorist form. The law provides for the suspension of her license until she pays my damages provided that I have no full coverage/un-insured motorist insurance, and that the damage is over $400.00. Both conditions exist and I was notified that her suspension is set for 2/17/2012.

So now that she’s losing her license until I get paid, I get a response to the previously ignored six week old email. After a long sob story, I am asked to take $200 per month until the pays the $800.00 (notice the extra $65 just disappeared).

So here’s where I’m stuck. How do I respond? I do not trust this person. Greasy from the start.

If I agree to the payments I’m lucky to see the first $200.00, then I’ve accepted payment and loose my leverage. All she has to do is show the BMV the cancelled check for $200 and say ALL PAID!!! Am I wrong? Would an escrow account be the answer?

Just looking for suggestions. Thanks!!

[FullAuto]

IMO, I wouldn't take a payment plan. I'd take one payment in full. If she wants to make payments to herself and stuff the money in her sock drawer for 4 months, that's her decision. That's not a big bill. She should be able to pawn some stuff or get a small loan and pay you off in a month or immediately.

[PTPD22]

I agree with FullAuto. I do not think it would be wise to agree to any payment plan after her previous behavior. Stick with what you are doing and wait for her to pay in full...including that last $65.