Legal Question in Personal Injury in Ohio
I was at fault in a car accident when I didn't have insurance. Now the other driver's insurance company is calling me at all hours of the day demanding almost $2,600 when all that was done was a scratch on the driver's door & they refuse to send me anything such as a bill showing WHY it costs so much until AFTER I pay it in full. Also, I asked what happens if my payment is late, & they said, "It can't be late. It's not possible. It's like rent. You have to pay or you get evicted." & Of course I said, "Well you're not going to evict me, so seriously, what happens if it's late?" "It's not possible, she said. I said "fine" & hung up after asking her several times. She has also called my family members' (whom I don't live with) phones several times.
They want me to sign & notarize the paper saying I'm going to pay that full amount. My license is already suspended now, & I am not agreeing to pay that until I see proof that it should cost that much, so regardless, the payment WILL be late, though it's "impossible." What happens if it's late? & What rights do I have? I'm guessing I need a lawyer, or maybe I file for bankruptcy?
1 Answer from Attorneys
The insurance company may be violating insurance regulations in terms of the manner in which it is attempting to collect on this subrogation claim. You may want to contact the Ohio Department of Insurance to file a formal complaint or to get some free guidance on whether their conduct is a violation of insurance industry regulations. In order for the insurance company to collect the amount they are requesting you are absolutely entitled to proof of the amount owed. They may be violating the Fair Debt Collection Act and other consumer protection laws in the manner and method that they are harassing you. Unless and until you are actually sued and a judgment is taken against you, you have no obligation to pay the amount demanded. Obviously it is in your best interest to resolve this matter quickly as you will need proof of satisfying the obligation to get your license reinstated. You may want to talk to an attorney that handles collection matters. Hope this helps you.
Howard Mishkind
Mishkind Law Firm Co. L.P.A.
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