No fault accident without insurance... HELP!?

Question

We were in a fender bender in a parking lot where the other guy was at fault. We weren't insured at the time (I know- I screwed up) and now that guys insurance wants us to pay his damages of $1500, for a scratch, or they're going to report it to the DMV and my husbands license will be suspended for 4 years and out vehicle registration will be revoked- then neither of us can drive. What can I do?

Answer 1

The other guy was at fault, ,,,,

what insurance company is this, that would blackmail you into paying the claim that they owe to their policy holder.  He is at fault, and they want you to pay for the damage on his car, or they will turn you into the DMV.  (Are you sure you are talking with the insurance carrier and not the guys brother in-law?)  All adjustors must have a liscense to handle claims, so get the liscense number of the adjustor.  

Weather you are breaking the law or not does not obsolve him from his mistake, if he was at fault.  If you do pay for the damages, ask the insurance company if they are going to PUT INTO WRITING that they are not going to report you for breaking the law, if you pay their claim.  It should part of your settlement agreement, after all you are settling with them.  Bet they won't, because they can't afford to have you send this little tid bit of information to the insurance commission or what ever governmental body in your state that regulates insurance carriers.  Call the state, without telling your name, explain your situation, and see what they say?  Write down every name you talk to, and the time.  This could be valuable later.  

Frankly, I got a $5.00 bill that says you are getting reporting if you pay their claim or not.  They are just waiting to see if they can get you to write a check.  

EDIT - 4 year loss of liscense for insurance lapse?  Do you know this for sure, or did they tell you that.?

Answer 2

You shouldn't have to pay it if he's at fault.  Did you get a police report?  ALWAYS get a police report.  It's better to just pay though if you can't prove it's his fault.  Think of how high your insurance rates will skyrocket if you're reported to the DMV.   Never let your insurance lapse either...talk about doubling your rates that way as well.

Answer 3

I rather pay the money than being reported, you will be fined and probably disqualified for at least 6 months, pay the money and get insurance soon, because if you didn't have insurance you shouldn't be in the street at all.

Answer 4

First off, please don't listen to ksmink19 they gave a lot of bad advice and appear to not have an understanding of how these claims work.

If Stuart Allen and Associates are involved that probably means this accident happened more than 60 days ago. Did Allstate previously ask you for reimbursement? Stuart Allen is a real tough and nasty collection agency and they don't mess around. So whatever you do or don't do please do not ignore them. If they believe they can prove you are at-fault they will go to the state and get the Drivers License and registration suspended. Here is what I suggest if you really believe you are not at-fault.

1. Ask Stuart Allen for documentation showing you are at-fault. Do this in writing or via email. Ask for the police report, witness statements, photos of the car, copy of the damage estimate and a copy of the checks Allstate used to pay their policyholder.

2. Since you didn't have insurance you have to defend yourself and that won't be easy. You didn't provide any accident facts so we can't help tell if you have anything to argue fault with. You might want to edit your post with this info.

3. Ask Stuart Allen if you can make monthly payments. In most states they have to let you do that, but expect a minimum of $100 per month if not more.

4. Ask Stuart Allen if any "comparative negligence" applies to the Allstate driver. If it does that will save you a little money.

Good Luck      

Answer 5

pay it...