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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 18105
Experience:  B.A.; M.B.A.; J.D.
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My son had car accident last year in California. Unfortunately

Resolved Question:

My son had car accident last year in California. Unfortunately his insurance lapsed and wasn't active. My son was arrested because he was on probation and didn't have a driver's license either. The other driver's car was not badly injured and no police report was filed - even though my son asked - as he believed he was not at fault. My son was taken into custody, and his car was taken to towing yard - no one ever came to look at his car. Eventually, the car was sold as he didn't have $ to pay for it, and couldn't get licence to get it out.
About 8 months later, I receive a bill from a credit company on behalf of woman's car insurance company (Progressive) that he must pay $9550 for damages to car. They are threatening to sue and or suspend his license (which he is trying to get back). My son told him her car was barely scratched, no report was filed, and his car wasn't available for proof...he said must be some fraud. Progressive said they have proof because other driver told them what was owed. My son is in 'recovery' trying to get his life back on track, has no job, and is in debt. We need help and advice!@ Don't they need to give proof of cost?? He also didn't think it was his fault -- progressive said it was automatically because he didn't have insurance!@?
Submitted: 5 years ago.
Category: Legal
Expert:  Phillips Esq. replied 5 years ago.
Thank you for giving me the opportunity to assist you. I encourage you to ask me for clarification, if you are not clear with my Answer.



If there was no police report of the accident and thus no report of who was at fault, how could the insurance company determine that he was at fault. He should let them go ahead and file lawsuit against him, then they have to prove how they determined that he was at fault and how much he had to pay. They would also produce copies of the repair bills from the body showing the repair work done on the car. In addition, if he does not have any assets for them to go after and his license has already been suspended, he is Judgment Proof. This means that he does not have any assets that the insurance company can reach to satisfy the Judgment if they filed the lawsuit and prevailed. So, he should do nothing. Do not even bother calling them regarding the bill. He should wait for his day in Court to tell his side of the story.

Customer: replied 5 years ago.

Two more questions. 1. He is currently enrolled in DUI classes and hopes to get his license back maybe in a month. The Credit company letter warns that they could possibly suspend his license - depending on state law. What does California law say about that? Can they stop him from getting his license - or suspend it when he does get it?

 

2. If they do bring him to court, would he need a lawyer (which he really can't afford)? Or could JustAnswer provide the necessary preparation for him??

 

 

Expert:  Phillips Esq. replied 5 years ago.

Two more questions. 1. He is currently enrolled in DUI classes and hopes to get his license back maybe in a month. The Credit company letter warns that they could possibly suspend his license - depending on state law. What does California law say about that? Can they stop him from getting his license - or suspend it when he does get it?



Response 1: The credit company does not have the power to suspend his license. Only a government agency or the Court can suspend someone's license. If they obtain a Judgment against him, one of the options that the Court may use to force him to pay would pay be to threaten license suspension.



2. If they do bring him to court, would he need a lawyer (which he really can't afford)? Or could JustAnswer provide the necessary preparation for him??



Response 2: He would need to at least consult with an attorney face to face and let the attorney assist him in preparing documents for filing with the Court. . If he cannot afford an attorney, then he needs to respond to the lawsuit by himself.



No, Justanswer does not provide trial preparation. We only provide general information here. However, if they sue him and he has questions regarding the documents served on him, he can post the questions on JustAnswer .

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