At-Fault Uninsured Driver in Florida

[tickledpink]

i got into an accident 3 yrs ago...i was rear ended & i accidentally hit the car in front of me. the car that hit me drove away & so i was left at the site & i ended up being the at fault driver & i was uninsured to top it all of...now, i got a letter from a lawyer representing the insurance company of the other driver...the insurance company thru the lawyer is asking me to pay for all the damages which is a whole lota money...i just started building my credit & i dont have any assets/ properties...i just cant afford to pay the whole amount...i have called different law firms & nobody wanted to help me...i just want to know what my rights are before i talk to the insurance company's lawyer...what should i do? i feel helpless...though i dont have anything, i am willing to make payments...or can i just file for bankruptcy even if i dont have any assets?...help me, please...

[BlueCrystal]

Wait until there is a total amount and judgement against you then file bankruptcy on it and move on.

[cissycicle]

Wait until there is a total amount and judgement against you then file bankruptcy on it and move on.

bluecrystal, bet you'd be singing a different hymn if one of your latter day saint buddies was the victim.

[tickledpink]

so, do u think i should call the insurance company's lawyer? or should i just wait til they sue me & go to court to settle it?

[Mr. Knowitall]

You don't declare bankruptcy based on your assets. You declare bankruptcy based on your liabilities, and the lawsuit is a potentially large liability. I would not suggest waiting for a verdict to declare bankruptcy - you can declare in advance of a verdict, freeze the civil litigation, and in all probability have the claim resoved through the bankruptcy court.

You may wish to wait and see if the statute of limitations, which appears to be four years, expires without their filing a lawsuit against you.

[Nicolas Babinsky]

I agree with Mr. Knowitall...do not declare bankruptcy....at least just yet. Do you have any witnesses that could testify that you were rear-ended and pushed into the other car? Do you have any evidence to prove this happened? In Florida there is a legal doctrine that (Fabre Doctrine) which means that you may put on evidence that another party contributed in whole or in part to the damages even if the party is not part of the lawsuit. If you can show that you were not at fault and that someone else rear-ended you you may be able to avoid liability in whole or in part.

If you don't have any evidence to show you were rear ended you can likely enter into a stipulation of judgment. This means you can agree to pay the damages and if you miss a payment a judgment will be entered against you. The reason that this is good is that insurance companies with a little arm twisting from the judge will accept pretty low restitution payments. You may be paying for a long time, but it will be low and you won't have to declare bankruptcy.

[tickledpink]

I agree with Mr. Knowitall...do not declare bankruptcy....at least just yet. Do you have any witnesses that could testify that you were rear-ended and pushed into the other car? Do you have any evidence to prove this happened? In Florida there is a legal doctrine that (Fabre Doctrine) which means that you may put on evidence that another party contributed in whole or in part to the damages even if the party is not part of the lawsuit. If you can show that you were not at fault and that someone else rear-ended you you may be able to avoid liability in whole or in part.

If you don't have any evidence to show you were rear ended you can likely enter into a stipulation of judgment. This means you can agree to pay the damages and if you miss a payment a judgment will be entered against you. The reason that this is good is that insurance companies with a little arm twisting from the judge will accept pretty low restitution payments. You may be paying for a long time, but it will be low and you won't have to declare bankruptcy.

I don't have any evidence to prove it. The cop wrote me a ticket knowing it wasn't my fault. But because nobody saw who rear ended me & i was left at the scene, i ended up getting the ticket...
I owe the insurance company $105,000.00 & there's no way i can pay this. I live paycheck by paycheck. I might be 6 ft under already & I would still owe them money...This really sucks...

[aaron]

If you were rear-ended with sufficient force to propel you into the car in front of you causing $105,000.00 in damages, there should be damage to the rear of your car consistent with your having been rear-ended. The police accident report would normally include your statement that you were rear-ended, as well as a description of the damage ot the cars at the scene.

[RedT]

Without admitting any guilt I see no reason for you NOT to cal the insurance company. They know you are uninsured and that they will never see $105,000. By this time they probably already know that your contention is that you were hit and pushing into the car in front of you (the driver you hit was unaware of this???).

Find out what they REALLY want (since the tack they are taking at this point will net them nothing) and see if it is something you could work with/live with.

Also, find out what the statute of limitations on a lawsuit is in Florida (2 years? 4 years) because the ins co may already be SOL.