I got into a car wreck on 3/2005. I was uninsured at the time. I hit a BMW and got sued later. He was claiming up to 80k. But as the case with most insurance claims he milked it. I was going to fight it in court but too be honest it was too stressful. I know i didnt hit this guy hard. and hes claiming he was injured and stuff (Bogus). But in the end me and his personal lawyer made a deal that i would sign a paper taking the fault for not having insurance. It resulted in his Insucrance company AIG sending me to the DMV and suspending me for a year. There thing was if I didnt have cash then take the suspension. So ive been suspended for about a year now. I had been left alone for the whole year. Ive been proving that im insured to the DMV. I work at a bank and dont make enough money. So I'm struggling to pay my bills. But i was getting there. But Yesterday I got a letter from AIG. Asking me to pay As i said above I dont have enough cash to pay. Is there a way around this? Please Help Me
2007-07-20 08:24:57 · 5 answers · asked by JaMeS 1 in Politics & Government ➔ Law & Ethics
There are two different rules at issue here; don't get them confused.
Your license was suspended for a year because you got in an accident and did not have insurance. That suspension can be set aside after a year if you show you now have insurance. (Veh. Code sections 16070, 16072.)
However, your license can also be suspended if there is an unsatisfied judgment against you arising out of a traffic accident for which you were not insured. This means a court judgment, not just your agreement to pay. (Veh. Code secs. 16250, 16251, 16370, 16375.) However, if the court has set up installment payments, the judgment is not unsatisfied if you are making the payments. (Veh. Code sec. 16379.)
A judgment for property damage alone is legally satisfied when you have paid $5,000, even if the judgment is for more than that. (Veh. Code sec. 16377.) If the judgment was for personal injury, the judgment is satisfied at $15,000. Even if the judgment is unsatisfied, you can have your license restored after three years. (Veh. Code sec. 16482.)
Hope this helps.
2007-07-20 09:17:54 · answer #1 · answered by Anonymous · 1⤊ 0⤋
My best advice is to work with AIG on a settlement, and maybe declare bankruptcy. It wasn't over just because AIG sent you to the DMV and got you to admit fault.
Really, you don't have to be hit that hard in an accident to be injured, especially soft-tissue and whiplash injuries, which are the most common. If you really, really think they're faking it, then get a lawyer and you can technically sue them, but that would require a lot of money both for the lawyer and for the investigation into what the BMW driver did, and you already stated you don't have the funds.
And frankly, 80k is pretty standard, especially for a BMW, no matter how hard it was hit ... those suckers cost a lot to repair, and when it comes right out of your pocket, it costs even more -- that's why insurance is a better way to go, whether it's the law or not.
So, to answer your question, no, there's no way around paying AIG, it's only a question of how long it takes you to pay it off (I'm sure they can work out a payment plan). It was your fault, and you would have had to pay something to their insurance company, even if you had been covered, since it was your fault. Sorry to say it, but you should have had insurance.
2007-07-20 08:38:09 · answer #2 · answered by Hillary 6 · 0⤊ 1⤋
In the state of California the only way you can not have insurance is if you have a $10,000 bond dedicated just to reimbursing anyone you get into an accident with. Under no circumstances are you allowed to drive uninsured; you have no case whatsoever if there is any kind of report stating it's your fault.
2007-07-20 10:13:17 · answer #3 · answered by Robert B 2 · 0⤊ 0⤋
I can't think of any way around paying AIG. Your best bet would be to meet with them and try to negotiate a payment plan.
This is the type of thing that happens when you drive without insurance.
2007-07-20 08:57:46 · answer #4 · answered by Anonymous · 0⤊ 0⤋
You should not have signed anything without having an attorney review it.
And without reviewing the document now, no attorney is going to be able to give competent advice about your current options.
2007-07-20 08:34:57 · answer #5 · answered by coragryph 7 · 0⤊ 0⤋