I got into a small accident & i didnt have my license or insurance a year ago& now a lawyer is calling me?

Asked over 1 year ago - Portland, OR

It was my moms car & she got insurance. On her car after the accident ,& i got my license a week later and the police. Said because it was on private property the lady couldnt do any thing and that there were no damages and everything was ok? Im just wondering if this is something serious because. This was a year ago?

Attorney answers (7)

  1. Joanne Reisman

    Contributor Level 16

    6

    Lawyers agree

    Answered . If I understand correctly you were driving without a license and driving a car that was not yet insured. You are responsible for any damages and just because you didn't believe there were damages at the time doesn't mean that some damages weren't discovered later. The person you hit may have recived medical treatment under her insurance coverage known as PIP. She may also have gotten car repairs done and maybe her insurance paid for that under her full coverage. So if she recieved benefits from her insurance company the insurance company is not subrogated to her right to come after you and will sue you for what they paid to their insured.

    The other possiblity is that this women retained an attorney and is directly coming after you for her damages.

    Either way you can still be sued - up to two years after the accident for personal injury damages and up to 6 years after the accident for property damages if there are not personal injury damages that require the case to be filed within two years. Oregon law provides that if there is judgment against your for damages caused in an accident, your driver's license can be suspended until the judgment is paid. A judgment is good for 10 years and can be renewed for another 10 years so this situation can last potentially for 20 years.

    The way out of this type of problem, once you figure out if you are being sued and for how much, is to either negotiate and pay the damages or file bankruptcy. Filing bankruptcy will wipe out any debt you owe to the other driver and will make you eligible to get your license reinstated if it has been suspended on account of unpaid accident damages.

    Keep in mind that the amount they claim you owe for the accident may be in excess of what your really owe so there may be room to negotiate and pay the damages before you have to resort to filing a bankruptcy. Consult with an attorney.

    The comments by this author to questions posted on Avvo are designed to foster a general understanding of what... more
  2. Rixon Charles Rafter III

    Contributor Level 20

    5

    Lawyers agree

    Answered . Sounds like you or you mom, or both are about to be sued.

    NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. Mr. Rafter is licensed to practice in the Commonwealth of... more
  3. Sreenivasarao Vepachedu

    Contributor Level 14

    5

    Lawyers agree

    Answered . You need to consult with your insurance, and if needed an attorney.

    This is not a legal advice or solicitation, and does not create an attorney-client relationship. Consult with an... more
  4. Jeffrey Ira Schwimmer

    Contributor Level 19

    4

    Lawyers agree

    Answered . Being sued is always a serious matter. It sounds as if you are saying that your mother, whose car you were driving, did not have insurance. If that is the case, both of you stand exposed to being sued and held liable for the accident. That it occurred on private property does not mean you will not have legal exposure, especially if you caused or contributed to the happening of the accident. If there was "no damage to the vehicle", then that would be evidence that the woman is not entitled to monetary compensation - but it would not by itself stop her from commencing the action as, clearly, she believes otherwise. Consult with a local attorney.

  5. Martin W. Judnich

    Pro

    Contributor Level 15

    4

    Lawyers agree

    Answered . Sounds like there was no insurance at the time, and you had no license at the time. Only to attempt to get both of those after the crash. This is not great news for you. Just call the lawyer, and see what they want. The worst thing you can do is ignore it. You may be able to work something out that you can afford, or give them information that doesn't make their case as good as they think it is, they have only heard their side of it so far, not yours.

    licensed attorney in Montana. Your specific state laws may be different.
  6. Kevin Coluccio

    Contributor Level 20

    2

    Lawyers agree

    Answered . Contact your mom's insurance carrier and report the incident.

  7. Christian K. Lassen II

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . If not insured, have a local lawyer negotiate a settlement and payment plan

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