Legal Question in Credit and Debt Law in Pennsylvania
I was in a car accident, the police were called my insurance was lapsed for two days and one of them happened to be the day of the accident. No citation woas issued the police just told me to pay my insurance and they'll let it slide. Three months lateer a bill collection company calls and says I owe $765 in damages and began threatening me with losing my license, tags and registration because I was hesitant to give my account info over the phone. Needless to say I set up a payment plan. The insurance agency informed me that no money was given for damages but it was based on aann estimate. Am I going to lose my license, tags or registration? What should I do?
1 Answer from Attorneys
You don't ask a debt collection question. You have 2 issues: (1) lapse of your insurance; and (2) liability for damages that you caused in the accident.
You can reinstate your insurance. However, your insurer is not going to be responsible to insure you for any damages caused by the accident because the policy was not in effect when the accident occurred. Which means that you generally are going to be liable for the damages to the other person if you were at fault in causing the accident.
Even if the other person went under his/her own insurance, the insurer for that person may be seeking reimbursement from the accident from you.
The person who called you is a debt collector and collecting on an insurance claim is no different than collecting on any other kind of debt. Debt collectors lie or shade the truth frequently. If the damages are indeed owed by you and if there is a judgment against you that goes unpaid, your license can be suspended. Your registration would only be revoked of there is some other violation.
First, deal with debt collectors only in writing, not on the phone. If you must talk to them, thjen you need to control the conversation, not them. Do not rely on the debt collector to advise you of your legal rights or listen to their parade of horribles about what can happen because they are not lawyers and wherever they are located may or may not be PA and the laws of each state differ.
Ask them if they have sent you any writing about the debt. If not, give them your home address and have them send it to your home. Tell them you will review and get back to them. Then hang up. Note who you spoke to and the date and time. Also in the conversation ask the collector if the call is recorded. It is; you also might want to ask them if you can record and make a recording. This will unnerve them! And help you establish control.
When the letter arrives see what it says. You may need to speak to an auto accident attorney about this. If the letter advises you that they are trying to collect for damages, this makes no sense about the estimate. Usually the work is done and the insurer sends a check to the affected person or body shop for the amount. Estimates are just that - estimates. They could go up or down.
Depending on what you find out after talking to the attorney and getting the letter, if the letter is just a typical debt collection letter, you have 30 days to dispute the debt and ask for proof of the debt - which would be the damage claim. Once you get the proof then you do need to pay this because if they sue you and recover a judgment your license will be suspended until the judgment is satisfied. And there is going to be court costs.
You have indicated that you were in the accident but you have not indicated if you were at fault - I am assuming in my answer that you would be. However, you should not be posting anymore about this here. That is why you need to speak to an auto accident attorney - perhaps you have defenses or claims to the accident based on what happened. If you do then the attorney should be responding to the debt collector and explaining why the debt is disputed based on the facts.