What happens if i ignore a car insurance and or if they file a lawsuit against me? Car crash at fault

Asked almost 3 years ago - Los Angeles, CA

hello, i was in a car crash last year at falkt. i hit one car and took in another one. i didnt have insurance, the police came but did not give me any sort of ticket. Now the insurance have been calling and calling asking for amount of money which i disagree on. there are two claims against me. I did agree months ago that i can pay monthly about $100 but that was before i found out it was two claims. So i stopped answering their calls and letters. I have been avoiding them. Just yesterday i received a letter from the car insurance saying " final notice" that if i dont reply or take action with in 14 days( i believe it was), that they well take my account to a collection compny and or file a lawsuit. what can cause me if i ignore the lawsuit? i do not want to attend court. I am only a substitue teacher which means I am only working when required i work sometimes about 8-20 hours a week. And i dont get paid well , i am in school. Can i ignore them completely? what will happen to me if i dont attend court ?

Attorney answers (4)

  1. Joshua David Wallace

    Contributor Level 10

    Answered . If a lawsuit is filed and you ignore it, they will get a default judgment against you. With the default judgment, they would be able to collect it by means such as garnishing your wages. In short, it is a horrible idea to ignore it. Speak with an attorney.

  2. Frank Wei-Hong Chen

    Contributor Level 20

    Answered . I suggest that you don't ignore the calls. If there is a default judgment against you, the judgment is good for 10 years, and renewable for another ten years. It could really mess up your credit, and the judgment creditor can continue to hassle you every 120 days with a debtor's examination and garnishment of your wages for the next 10 to 20 years. You are better off telling the insurance company that you have no regular income, and can't pay very much. It is possible you can agree on a dollar amount which you can then pay off over time in installments. It is better to put a cap on the amount you will have to pay rather than have a default judgment wherein you have no control over the final dollar amount.

    The information presented here is general in nature and is not intended, nor should be construed, as legal advice.... more
  3. Steven Mark Sweat

    Contributor Level 19

    Answered . If a lawsuit is filed and served on you and you ignore it, they will be able to obtain a "default" judgment against you for any and all amounts that they can prove to the court.

    Nothing in this communication should be construed as creating an attorney client relationship. This is for... more
  4. Peter Joseph Lamont

    Pro

    Contributor Level 18

    Answered . it is really your best interest to try to communicate with the insurance company as soon as possible. You may also want to speak to an attorney in your area for some assistance. If they file a lawsuit against you and you do not answer the complaint they will get a judgment canst you. In most states including yours when a judgment is obtained in connection with a motor vehicle accident the judgment holder, in your case this would be the insurance company, would not only be able to garnish your wages but they could move to suspend your driver's license.under California law the insurance company would be entitled to suspend your license so long as they obtain a judgment against you. There is no minimum damage threshold in California that would prevent the insurance company/judgment holder from suspending your license. This of course would be really bad for you. I recommend that if possible, you try to get back on the payment plan or negotiates an affordable lump sum settlement. If you believe that you have a defensible claim, in other words the accident was not your fault, you need to speak to an attorney immediately so that he can defend you. Of course, you will likely incur hourly attorney's fees. Whatever you do, do it soon before you find yourself with a suspended driver's license. Good luck.

    Peter J. Lamont, Esq. Law Offices of Peter J. Lamont 146 Florence Avenue, Hawthorne, NJ 07506 Phone: (973) 949-... more
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