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BRZ First-Gen (2012+) -- General Topics All discussions about the first-gen Subaru BRZ coupe


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Old 08-19-2019, 02:28 PM   #15
EAGLE5
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You're not going to jail.

Find a legal aid group:
http://www.calbar.ca.gov/Public/Need...ree-Legal-Help
https://www.courts.ca.gov/selfhelp-lowcosthelp.htm

Also call your insurance agent or whoever did the claim for you. See if they have any advice or know somebody at Geico to talk to.

Your insurance company probably doesn't have a reason to defend you. Your liability limit is so low, their lawyers would cost more. If you had a 1 mil policy, they'd definitely hire lawyers for you. Insurance is not a legal service.
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Old 08-19-2019, 02:39 PM   #16
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You're not going to jail.

Find a legal aid group:
http://www.calbar.ca.gov/Public/Need...ree-Legal-Help
https://www.courts.ca.gov/selfhelp-lowcosthelp.htm

Also call your insurance agent or whoever did the claim for you. See if they have any advice or know somebody at Geico to talk to.

Your insurance company probably doesn't have a reason to defend you. Your liability limit is so low, their lawyers would cost more. If you had a 1 mil policy, they'd definitely hire lawyers for you. Insurance is not a legal service.
Oh and THIS ^


Don't know if you have debt services there but they may be able to negotiate with the insurance company as well.
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Old 08-19-2019, 03:10 PM   #17
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Your insurance policy was for up to $5,000 property damage and the repairs were $13,000. ...
As an aside, I was completely taken aback by California having a minimum insurance coverage level of $5,000 for property. In Georgia, its $25,000 which is still totally inadequate but 5x more! Massachusetts also has a $5,000 limit.

If any states I would have thought those two would have some outrageous minimums.

In two states, New Hampshire and Virginia, insurance is totally optional, you just have to show means to be able to self insure. I'm assuming this is on paid for cars though.

Here's a listing by state.
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Old 08-19-2019, 03:35 PM   #18
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As an aside, I was completely taken aback by California having a minimum insurance coverage level of $5,000 for property. In Georgia, its $25,000 which is still totally inadequate but 5x more! Massachusetts also has a $5,000 limit.

If any states I would have thought those two would have some outrageous minimums.

In two states, New Hampshire and Virginia, insurance is totally optional, you just have to show means to be able to self insure. I'm assuming this is on paid for cars though.

Here's a listing by state.
We don't break it into property and injury here it is all lumped into "liability". The minimum coverage is $200,000.
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Old 08-19-2019, 03:37 PM   #19
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We don't break it into property and injury here it is all lumped into "liability". The minimum coverage is $200,000.
Makes way more sense to me, but you know 'Merica!
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Old 08-19-2019, 03:41 PM   #20
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Makes way more sense to me, but you know 'Merica!
Even at $200,000 I don't feel that comfortable. If you kill or injure somebody then $200,000 could be gone fast. I pay an extra $50 a year for $1,000,000 in liability.
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Old 08-19-2019, 03:52 PM   #21
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As an aside, I was completely taken aback by California having a minimum insurance coverage level of $5,000 for property. In Georgia, its $25,000 which is still totally inadequate but 5x more! Massachusetts also has a $5,000 limit.

If any states I would have thought those two would have some outrageous minimums.

In two states, New Hampshire and Virginia, insurance is totally optional, you just have to show means to be able to self insure. I'm assuming this is on paid for cars though.

Here's a listing by state.
I grew up in Virginia, at the time it was $500 to be uninsured. No proof you could afford anything more than the $500 "fine".


I'm on the receiving end of this situation. T-boned in my old pickup a few years back when a lady ran a red light. Not her car, no license, no insurance, etc etc etc. I get a check for $75 every month from the Missoula County court. The body shop quote was $3200-ish. Assuming the judgement was for the full amount, I'll keep receiving a check for another 3 years.
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Old 08-19-2019, 03:54 PM   #22
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I am going to make some assumptions here so correct me if anything is wrong.


You are distinctly at fault in the accident. You received a ticket or charge and did not fight it. It is now too late to get a lawyer and try to fight the level of responsibility.
Your insurance policy was for up to $5,000 property damage and the repairs were $13,000. This leaves $8,000 left over. Your insurance company is NOT going to cover that since your premiums paid were only for the $5,000 max. The remaining part is your responsibility not theirs.
You have no money but that means nothing when you now owe some. There is really no way to get out of it and the $$ amount is high enough that the other insurance company is not going to just walk away.


What I would do is speak to the other company and see if you can make any arrangements for payments. Ignoring it isn't going to make it go away since the insurance company has a totally legitimate and reasonable claim against you. If they take it to court and get a settlement against you (not having any money is not a defense and they WILL win) then you will end up paying even more since legal and court costs will add up fast and will get tacked onto what you owe. Contacting them and getting a deal made will cost you money but it will be less than a court judgement and will probably not impact your credit score. Even if you had to take out a loan or (I hate to say it) sell the car to cover the costs you may be better off than any forced settlement.


Yes the whole thing sucks but hopefully you now understand the importance of full coverage insurance.
Thank you for the gracious advice.

One thing I am considering is that I don't have any asset nor any balance over $1000 in my bank account.

One lawyer told me that they are not even collecting debts when the person at fault doesn't have any asset.

Should I appeal this to the insurance company to waive or reduce the amount?

Is there any tip that I can make the situation better?

And.. should I wait for another letter since this is the first letter?
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Old 08-19-2019, 04:43 PM   #23
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Damn I JUST went through this last month. I was found at fault and also $5,000 property damage and wasn't aware and also first accident found at fault. Total cost was over $12,000 but spoke with the other insurance and got it to go down to $4,000 if I paid the whole lump sum instead of payments. Had to use some of what I've been saving but lesson learned.
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Old 08-19-2019, 05:23 PM   #24
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I'm going to suggest something that I don't think has been mentioned here yet.

You say you have $100 dollars in your bank account, you just spent several thousands fixing your car after this incident. You're _likely_ going to be on the hook to owe the other party's insurance.

If I were you, I'd attempt to sell the car; the sooner the better. Get what you can from it and settle your financial situation as best as you can.

You'll also be saving money from not having to pay the insurance (which will likely have gone up because of this incident too) and registration.

It sucks but I think this is the kind of situation where you need to learn how to make the right decision, even if it hurts a bit.
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Old 08-19-2019, 05:50 PM   #25
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If this was flipped around and he was saying some underinsured guy hit him then everybody here would be screaming for their blood since they were just a horrible human and should not be allowed on the road.

This is why you should pay for under insured motorist coverage. Especially if you lived in a state that had that low of a requirement.



I still believe it is not financially feasible for the insurance company to go after him. they are just bullying him to recoup some of their loss.



Mitama have you received a certified letter? if not they are not serious yet.
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Old 08-19-2019, 05:52 PM   #26
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I can't see carrying less than $200k in property damage coverage. What if you hit a house or some of the cars that cost more than a nice house? There are plenty of those cars on the roads around here, I don't want to tangle with that mess.
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Old 08-19-2019, 06:19 PM   #27
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Thank you for the gracious advice.

One thing I am considering is that I don't have any asset nor any balance over $1000 in my bank account.

One lawyer told me that they are not even collecting debts when the person at fault doesn't have any asset.

Should I appeal this to the insurance company to waive or reduce the amount?

Is there any tip that I can make the situation better?

And.. should I wait for another letter since this is the first letter?
Once they have a judgement they can collect themselves or sell it to a collection agency. They can do things like put a stipend on your wages or tax returns, put a lien on your car, etc. Will they? Maybe not. But before a judgement you may have some control to the circumstances.

Talk to your insurance. Contact your county bar association for a consult. Usually you can speak to a lawyer to get brief advice for under $100 for a 30-60 minute consult. While there are some knowledgeable people here it is still a random group of people on the internet and nothing can replace solid legal advice. I would not speak to the other party's insurance until I had done these at least.
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Old 08-19-2019, 06:40 PM   #28
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This is why you should pay for under insured motorist coverage. Especially if you lived in a state that had that low of a requirement.



I still believe it is not financially feasible for the insurance company to go after him. they are just bullying him to recoup some of their loss.



Mitama have you received a certified letter? if not they are not serious yet.


I talked to someone working in collection in my company. The whole department meets every morning to talk about every single account and progress. It's not bullying, it's their job. It doesn't take that much to get a judgement and once they have that, they can hand it to the sheriff to enforce it. They may leave it at that but having the judgement in your credit history will really mess you up. hate to say this but the OP is lucky he didn't hit a Porsche or Ferrari. Then it run into $30 to $50K damage. I agree with what others say, start talking to the other insurance company and reach some kind of payment deal. Once they have the judgement and go after you, your credit history is toast and that affects you more than you know. .
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