I was in a car accident. I didnt have insurance at the time, I do now but she wants us to fix the car out of pocket? Can she summon me?
If you do not have insurance, as required by Florida Law, you can be pursued and if found at fault, they can obtain a judgement and have DMV suspend your license.
Yes - you can as you violated the financial responsibility laws. Its common that if the other party has their insurance fix the car for you to get sued in "subrogation" and also have your drivers license and tags suspended by DMV until you pay the damages.
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Yes. I suggest you try to work it out as quickly as you can. You may want to hire an attorney to help you so you can avoid getting sued.
She can file a lawsuit against you and obtain a judgment. You can lose your license even prior to that if either she or her insurance carrier informs the state (she or her insurance carrier cannot suspend your license but upon their request, the state will).
Since you are apparently at fault and chose to drive without insurance in violation of Florida law, you are now going to be responsible either to negotiate with the other person and/or his or her insurance carrier or possibly defend yourself in court if either party files a lawsuit. If you are going to negotiate with the other party’s insurance carrier, you can try to ask for a reduced amount and/or set up a payment plan.
If you have no attachable assets and a judgment is rendered against you in court, there may be no way for the prevailing party to enforce the judgment, but you will still lose your driver's license as stated above and good luck getting to work after that.
You may need to consult with an attorney who specializes in bankruptcy/debt-debtor law. You can use the “Find a Lawyer” link at the top of the screen for the names of some attorneys near you.
Please do not message me for further advice or call my former law firm if you have any further questions. If you are in need of an attorney to assist you, please search for another attorney in the jurisdiction involved in your case, as I am now retired, and my former law firm is no longer handling these types of cases. I am active on AVVO and answer questions only as a public service at this point.
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