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What Should I do if a warning notice letter saying that I owe 8 grand over a car accident last year?

Belle Glade, FL |

So this is my story I was a unlicensed driver and I was involved in a car accident on 9/15/2012, it was raining I was going a lil fast and I crashed behind a 07 SUV. My car was totaled.. the other drivers car was not that bad but I was driving my boyfriends car it was insured and no one was injured, my car was towed and the opposite driver went on his way. So my boyfriends insurance told they weren't going to cover my car but will handle the other drivers loss so I was ok I guess and then a couple months later I started to get letters from the CCS warning notice saying I owe almost 9 grand to Allstate which is the others drivers insurance and saying if don't pay they will take legal action or take my license away(which I have one now). I don't have that kind of money, what should I do?

Also I've been trying to reach the insurance my boyfriend had on the car and I am waiting for a respond from them to see what happened.. just very confusing

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Attorney answers 4

Posted

If you cannot pay, there is little you can do now. Your real problems will start if you are sued. I would not respond to the letters as CCS is a collection agent and that will only draw more attention to you and make them think you have assets. If you do get sued, and they get a judgment against you, they can take your license away. If that happens, you can file bankruptcy and that will allow you to get your license back.

Lawrence J. Marraffino
Gainesville Banrkuptcy Lawyer
www.ljmpa.com

This answer cannot be a substitute for legal advice which requires more information from the client than can be obtained in this forum. Therefore this answer CANNOT BE RELIED UPON AS LEGAL ADVICE FROM THIS ATTORNEY.

Lars A. Lundeen

Lars A. Lundeen

Posted

Coverage is determined by the contract language, not necessarily a statute. I just pulled a State Farm Car Policy pertaining to one of my clients and under the definitions of an insured it includes: "Any other person for his or her use of your car ... Such vehicle must be used within the scope of your consent…" There is no mention of the other person being licensed at the time of the incident, nor is there an exclusion in the State Farm policy for an unlicensed permissive driver. An unlicensed permissive driver under the State Farm policy is insured up to the policy limits of the contract coverage.

Lawrence Joseph Marraffino

Lawrence Joseph Marraffino

Posted

I would be shocked to see State Farm cover an unlicensed driver.

Lars A. Lundeen

Lars A. Lundeen

Posted

Out of curiosity, look at the definition of an insured under your own liability policy and see if it excludes an unlicensed permissive driver. The requirement of licensure could easily defeat the State purpose of compulsory liability insurance.

Posted

You can try to work out a payment plan.

Posted

A payment plan is the best option.

John Lassen 1-877-252-4630

Posted

As a permissive driver of your boyfriend's car, regardless of your license status, you are insured under his contract of insurance. You do not state what Allstate is claiming the money is for. You need to find out why Allstate is claiming this money. Is it for property damage, medical expenses?

You need to ask your boyfriend what extent of coverage he had. Review his insurance policy. Unfortunately, Florida only requires that you have property damage liability coverage to protect against a 3rd party claim. Your boyfriend may not have insured himself (and you) for bodily injury liability claims. Speak with your boyfriend's insurance carrier as soon as possible to find out exactly what has been done at their end.

Legal Disclaimer:

If this information has been helpful, please indicate below.

Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

This ans. does not create an attorney/client relationship.

Lawrence Joseph Marraffino

Lawrence Joseph Marraffino

Posted

I have never heard of an insurance policy covering an unlicensed driver. If that is true, please show me the law. I really would like to know!