Re: Re: Re: Re: Re: Re: Re: Weird a Is it a CA or a letter from the insurance company? I think the latter, since they asked for his insurance company information. Validation may not be high on the priority list right now. If he doesn't call his company and report this QUICKLY, CAs and credit reports are going to be the least of his worries. He needs to get the insurance angle settled before the other party decides he doesn't have insurance since he hasn't replied. If there is any way they make the MVA think he may not have insurance, and it's a mandatory insurance state, he's going to spend a lot of time proving he has coverage, and answering to his company why he didn't report it. And if he's worried about being canceled for the incident, consider being canceled for not reporting it. The insured has an OBLIGATION to report any accidents (or, in this case, alleged accidents) within a reasonable time frame. This is so his insurance company can investigate and decide what to do. If he doesn't do this, they can deny coverage, which is going to lead to a lot of other problems. fds, call your insurance company NOW.
Re: : Weird auto insurance collection quote: -------------------------------------------------------------------------------- Originally posted You need to send the CA the Validation letter before they stick this on your reports!!! -------------------------------------------------------------------------------- HAVE YOU DONE THIS YET?
Re: : Weird auto insurance collection I am doing it now. they sent another letter saying they were authorized to pursue full payment. I'll send it CCCR and fax them a copy.
Re: : Weird auto insurance collection ok, I wrote a cease and desist + validation. Inquired of CA status and described situation to State regulation agency. In Cease and desist I asked to only be contacted with evidence. I put both letter in one enelope.
Re: Re: Weird auto insurance collection MISPRISION OF FELONY - Whoever, having knowledge of the actual commission of a felony cognizable by a court of the U.S., conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the U.S. 18 USC. .
Re: Re: : Weird auto insurance collection nothing happened so far. VR went out Tue. CA's licensing authority is licensed and had 17 complaints in the last 5 years. They asked me to file complaint with licensing agency in my home state.
Received green card. Nothing on credit report yet. No communication from insurance company. Called the police dept. No police report was filed with my license plate. So far, after they received the validation letter and cease and desist letter, they left 2 voice mails and sent 2 letters. Are the voice mails violations? If they are, what's the best way to document. They leave the name and number without details. In the letters they threaten license suspension for lack of insurance which is mandatory. I guess they think I am not insured or just trying to make their letter more scary. I have not called them. I emailed state regulatory agency about the violations. I have not yet filed with state insurance commission/fraud dept.
update: they called today and said that it is not a debt collection but a subrogation claim and asked if I have insurance. They said they received the cease and desist letter but that it does not apply since it is not debt collection. Their letters however do say that it is an attempt to collect a debt and ask for 10k payment. I asked if they have any evidence and told them not to call. I informed them that they violated the law 5 times. Should I hire an attorney in their neck of the woods. Do they ever take it on contingency and is it a good idea to do that? I do also have one of those legal plans though these guys often don't want to do anything if they are not making money. Are these violations 1000 each per instance? Has anyone actually collected these. Is it a long battle or a quick lawsuit. How easy is it to collect?
Whether there was or was not an accident is irrelevant to whether you should report to your insurance company the existence of a potential claim. You're not admitting to an accident. Your insurance company shouldn't raise your rates, and isn't likely to pay out anything. Picture yourself as an adjuster with an insurance company, the other side comes along and wants money. The insured says it never happened. Any witnesses? No. Any police report? No. Am I going to voluntarily pay anything out? No. Letting it go for seven months could make it look like you had something to hide. But you can simply say you didn't understand what you were supposed to do, you talked to a friend and he told you that you needed to report the situation. The subrogation adjuster for the insurance company is not authorized to just drop this when an alleged tortfeasing driver tells him to stuff it. They have to keep taking action ... eventually they'll likely file suit, if only to have someone on the other side (your insurance company) to talk sensibly to ... because they will be able to depose you and ask you who your carrier was. At that point, your carrier might have the legal right to refuse coverage, or they might defend under a reservation of rights. In either case, you would probably get canceled by them. They don't want policyholders who make it tough for them to defend cases by letting them get stale before reporting them. They wnat policyholders who understand and uphold their rights and responsibilities. You may want to switch insurance companies soon, and before notifying the one you have now. That's your prerogative, and it would be better than scrambling to find coverage if and when that cancellation happens.
I am not sure if an adjuster is involved at this point. I have not heard from the insurance company in a long while. The only ones I hear from are the collection agency. If I did switch insurance companies would that affect a possible later claim or responsibility of the present carrier? Why would it be tougher for my carrier to defend the case later as opposed to earlier? Why is it difficult for them to find my insurer?
Re: Re: Weird auto insurance collection Well, they're still asking who your insurance is, right? No. You could switch, then notify the erstwhile carrier of the claim. Evidence and witnesses' recollections are like melting ice. Insurance companies like contemporary photographs of the damaged vehicles, the scene, and they like to statementize parties and witnesses right away. Cases where bits and pieces of evidence are missing and blurry are more difficult to analyze, and more expensive to settle and/or take to trial. Also, they monkeywrench the insurance company's orderly accounting for reserves against claims, etc. It's a business that thrives on statistical predictability, and stuff that pops up late messes with its models. Look outside your window at all the cars. Do you know who insures any one of them? No. Can you find out from someplace? No. It's heavily guarded competitive information. The only way the carrier would know is from an exchange of insurance information at an accident scene. That never happened. So they have to pry it out of you, one way or another.
Re: Re: Weird auto insurance collection I asked both the insurer and CA for evidence; why are they unwilling to show what they have. It's also strange that they did not file a suit instead of giving it to a CA. It's been about a year since the occurrence now.
Re: Re: Re: Weird auto insurance collection Until the case gets into the discovery stage of a lawsuit, there's no requirement for either side to show the other side anything (although your state may have statutes that require proof of insurance be shown in the event of an accident, and it's possible that merely being notified that someone believes your car hit theirs triggers that requirement--you should check your state statutes to make sure you're not putting your license at risk). Of course, it's kind of hard to motivate you toward settlement without showing you anything. If you want to play chicken with them, you could write them and tell them that in light of the fact they have failed to provide you any evidence that your vehicle was involved in any collision with their insured's vehicle you'll be ignoring any further calls and letters unless you feel it necessary to report them to the authorities for harassment. Their only remaining option will be to sue. IMHO, you would be better off notifying your carrier, but not doing so is your prerogative.
Re: Re: Re: Weird auto insurance collection That's why I so heavily advised on Jan 13 (over a month and a half ago) to call the insurance company NOW. If you don't report this and give the company a chance to investigate the matter, in some states that's grounds for cancellation. It can also be grounds for another company to deny you, if it's found out. As I said previously, worrying about a CA, credit report and credit reporting violations may be the least of your problems. If you fail to provide your insurance information, they may do as they have threatened, and report to the state that you are uninsured. Even if you later prove that you were, you will have to answer for why you failed to report the incident to your insurance company. You may be required to file an SR-22 (I think that's what it is, it's been a while since I was in the business) proof of insurance for up to three years. Some companies are unwilling to do this, others charge higher rates. And, as flacorps noted, in some states you could lose your drivers license over this. It's nothing to mess around with, and every hour that you wait to report this only makes it worse. Get on the phone to YOUR insurance company NOW!!!
