My wife is being sued by a debt collector working on behalf of Progressive insurance for an auto accident where she was to blame

Asked 4 months ago - Cottonwood, AZ

My wife had no insurance at the time of the accident and she is being sued for damage to the other parties vehicle (of which there was very little) and injuries sustained as a result of the accident (which was at less than 5mph).

We have both now received a letter from the AZDOT suspending both our driving privileges.

I must state at this point, I did not even know my wife when the accident happened back in 2011 but they are trying to hang this on me too because I was the one that signed for the summons that came to our door.

I have done some research and found that a debt collector has no authority over the AZDOT. Is this true? and how should we proceed to get her license back?

Can we counter-sue?

Attorney answers (5)

  1. Robert Bruce Kopelson

    Contributor Level 20

    8

    Lawyers agree

    Answered . Contact a debt collection defense atty. They can attack the collector and judgment.

  2. Christian K. Lassen II

    Pro

    Contributor Level 20

    8

    Lawyers agree

    Answered . You can get a debt collection lawyer in your state right here on Avvo to fight it

  3. Stephen Ross Cohen

    Contributor Level 20

    5

    Lawyers agree

    Answered . No the collector may have reported the accident to AZDOT and they may have suspended the license if monies are still owing the victim, do to the AZDOT and inquire.

    213-819-1171 Please only call me if your case is in California as I am only licensed here and laws of other... more
  4. Reza Torkzadeh

    Pro

    Contributor Level 12

    5

    Lawyers agree

    Answered . There are lots of protections against debt collectors actions. Hire a debt collector defense attorney to help you.

    None of the information found in my answer should be used as legal advice, a substitute for an attorneys... more
  5. Jason Malone Ferguson

    Contributor Level 9

    4

    Lawyers agree

    Answered . As a former insurance company attorney I can tell you that these sorts of "subrogation" claims are very hard to win from the insurance company's point of view. They not only have to prove that your wife was at fault but also that their insured was injured and that the settlement was an accurate reflection of damages sustained. Many times, their insured will be less than cooperative (though technically they can't refuse to help the insurance company). FInd a good collections lawyer that also does auto accidents as part of her practice. They will know how to attack both the collections issue and the underlying case. This may not work if there has already been a judgment in Progressive's favor against you, which it sounds like that may be the case.

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