I am in a mess!. I got in a car accident in 9/2003 in Miami. It is true I had let my insurance laspse and was not insured. However, I also was not at fault. As it went, I was new to Florida, unaware of traffic accident protocols, like having crash report and citation to prove fault. Other driver was 100% at fault, according to officer who arrived on scene, and that was clear. I had left the scene before the police arrived to pick up young my young child (there were no injuries). I and other driver told officer we would handle repairs on our own. This is last I dealt with that issue until some weeks ago. I now know, Officer did not issue citation to either of us, and, did not fill out crash report (both of which is now a big problem for me.). Other driver, who was more savvy, called the police the next day and requested a crash report get filled out, an unrelated officer did so and filled out crash report based on his story, which was a complete fabrication, putting us on differerent streets going in different directions, etc.) Crash report marked "Delayed Report", and no diagram drawn, instead marked "no diagram due to delayed report". He used that to get his insurance company to pay for his car repair. 2 years later, his insurance company decided tp sue me for their costs. Though my address was current in DMV database/public records (and I have proof of this, I had moved from Miami where accident was to Orlando in 2004, less than a year after the accident), they served me 3 times at address on record at time of accident 2 years earlier only. One time was address at time pf accident., the 2nd time they removed the apartment number and resent, and the 3rd time they randomly changed the apartment number to another number and resent. Does this reach the definition of fraud?? I read in statues you send to address which is available through public record? Anyway, they got a default judgement against me, but made no attempt to contact me, I did not find out about it until some weeks ago when I checked my credit reports and saw this on there. When I called to ask them about it, a few days later they were able to get my drivers license suspended pending satisfaction of judgement that I was financially reponsible for property damage in crash. To me, the obvious reasons to try and get it vacated with is the service process which was a joke to me (I feel quite sure they did not want me to get the notice), and that given there is no citation and crash report is not admissible, they have no case to win on. Why did the judge give this to them anyway? Now, there seems to be no hardship license I qualify for while I try to deal with this. My question is - can I possibly get this judgement vacated at this point - 3 years after judgement, due to improper service or given no citation against me for accident unfair for me to lose license, or SOMETHING?? Single mom, cannot afford credit damage, financial damage ($3100), and need my license to support my son. Thanks for any advice!!
