Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

Cliche' I know but literally I am asking for a friend. His…

Good afternoon. Cliche' I...

Good afternoon. Cliche' I know but literally I am asking for a friend. His daughter had a car accident during a less than 24-hour lapse in car insurance posting on his account. His insurance has refused to allow him to pay payments on the balance due and has now suspended his license. He is willing to make payments and has requested this several times but they won't take anything less than 1/2 which is $2200. Any advice?

Lawyer's Assistant: License regulations vary from place to place, so can you tell me what state this is in?

TN

Lawyer's Assistant: Has anything been filed or reported?

I'm assuming so since they suspended his license? Is this there something specific I can ask him? He's at work.

Show More
Show Less
Ask Your Own Legal Question
Customer reply replied 1 month ago
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer reply replied 1 month ago
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Answered in 3 minutes by:
3/13/2018
Attorney Wendy
Category: Legal
Satisfied Customers: 508
Experience: Member at Keefer & Keefer LLC
Verified

Hello. My name is ***** ***** I am an attorney. I am currently preparing a response to your question and should have that to you shortly.

Ask Your Own Legal Question
Customer reply replied 1 month ago
Thank you
Customer reply replied 1 month ago
No call, I will just wait on your written response.
Customer reply replied 1 month ago
Are you still there?

The key issue here is when and if your friend received notice of the plan of the insurance company to terminate his coverage for non-payment of the premiums. This notice, pursuant to Tenn. Code Section 56-7-1303, must give at least 10 days notice before cancellation will be effective. It is not clear whether when an insured receives that notice there is a right to cure the non-payment or rather the intent of that law is to allow the insured to find new insurance prior to the cancellation. Thus, this is a pretty sticky situation. If he did not receive proper notice, that could provide grounds to challenge the cancellation and the demand for the 1/2 premium payment. If he did receive the notice and failed to pay within that 10-day period, the insurance company may be within its rights. That said, if he has been insured by this company for some time, it might be worth some calls to the insurance company to speak with someone over/manager just a customer service agent to see if there is any way to reinstate the policy. Had there not been an accident during this window, I suspect the company would be more agreeable. If you find out more about what notice was received and when, I may be able to provide more insights and suggestions.

If you do have further questions, please reply to this email. If I answered your question and provided excellent service I would greatly appreciate your 5 star rating at this time.

Please note: This information is for educational purposes only and is not legal advice. No course of action is being proposed and no attorney-client relationship or privilege has been formed as a result of this conversation.

Ask Your Own Legal Question
Customer reply replied 1 month ago
My understanding is that the policy was cancelled due to non-payment on 8/1/17. The wreck was on 8/11/17 and it was reinstated at 14:47 on 8/11/17.
Customer reply replied 1 month ago
The wreck occurred at 11:00 a.m. on 8/11/17.
Customer reply replied 1 month ago
He's not really trying to argue about the actual verification of coverage, he's more concerned with scheduling payments and they won't accept anything less than 1/2 and suspended his license. He has to work to pay his bills and provide for his family.

If the insurance was reinstated, he should be able to get his license reinstated as well. I can take a look at that process. He may be able to negotiate for help from the insurance company on the license front but if they won't budge on the premium payment he may need to look for other insurance. Unfortunately, the insurer is in the driver's seat and what bad luck to have an accident during that short lapse. I will take a look at the license issue and now and be back in touch.

Ask Your Own Legal Question
Customer reply replied 1 month ago
The insurance said they will not send what he needs from them to reinstate his license until 1/2 is paid on accident.

Has he researched quotes from other insurers; the key to getting his license back is having a valid insurance policy. Unfortunately, the current insurer is in a position to ask for a larger payment due to the earlier non-payment. I am going to continue to do a little research to see if I can find any other options for him and will let you know if I find anything.

Ask Your Own Legal Question
Customer reply replied 1 month ago
He currently has the insurance that he reinstated on 8/11. He has current valid insurance that he pays monthly. They just suspended his license because of the accident total.

Has he spoken to the DMV or only the insurance company? If he has insurance in place but the insurance company refuses to provide him with proof of that insurance, that is a problem. If, on the other hand, they are simply refusing to send an additional confirmation the state is requiring that is a little tougher. I apologize, but I want to be sure I understand. Is the amount he is being asked to pay 1/2 of the annual premium or half of some repairs from the accident?

Ask Your Own Legal Question
Customer reply replied 1 month ago
The dmv told him that he couldn’t get his license reinstated until they received proof from insurance that the half had been paid

I cannot find a clear way around that being required. I will continue to think on it.

Ask Your Own Legal Question

Happy Friday. I haven't found additional options at this point, but just wanted to check in to see if there was anything more I can do to help answer you questions.

Ask Your Own Legal Question
Customer reply replied 1 month ago
He was able to get his license reinstated for 20 days to get it resolved for $180. I have a letter that he was sent from homeland security that states I’m attaching

That is helpful for my review. In essence, because no insurance was in place for the accident and the other party filed suit or made a claim for damages, those damages have to be fully paid for a permanent license. It is that third requirement that the insurer is requiring before providing the SR-22. Since he wasn't insured at the time of the accident, he would be personally responsible for the damages and to prove financial responsibility he has to pay those damages. That said, one course of action may be to negotiate a payment plan - though it sounds like that was originally rejected, it seems it may be the only permanent solution if he can't come up with the $3000+.

The insurance company should file the SR-22 regardless of payment of the damages from the accident unless they also insured the other driver. The other option your friend has is to shop around for another insurance carrier who may be willing upon payment of premiums on a new policy to file the SR-22, but your friend would still have to get the release from the other driver.

Ask Your Own Legal Question
Customer reply replied 1 month ago
He did get a new policy with Progressive yesterday. I just don’t know how he can set up payments though.

I think the key is figuring out exactly who the claimant (the person actually making the claim for the accident) and to deal with them. Has he had any luck with Progressive providing the SR-22?

Ask Your Own Legal Question
Customer reply replied 1 month ago
He hasn’t asked but he can. I have a number for a law firm that is attempting to get the money

It may be that the law firm can identify the claimant (person making the claim) and perhaps that is where a negotiated payment plan could be discussed. If the law firm is representing the other party, they should at least entertain a payment plan.

Ask Your Own Legal Question
Customer reply replied 1 month ago
Ok I am just a neutral party but he and I are gonna 3 way call the lawyer on in day to see if we can negotiate a payment plan

Keep me posted if I can provide any further assistance. I am sorry your friend finds himself in this situation. When you do speak with the lawyer, be sure to stress that if he cannot permanently get his license reinstated he will be in no position to pay anything.

Attorney Wendy
Category: Legal
Satisfied Customers: 508
Experience: Member at Keefer & Keefer LLC
Verified
Attorney Wendy and 87 other Legal Specialists are ready to help you
Ask your own question now
Customer reply replied 1 month ago
Thank you
Was this answer helpful?
Ask Attorney Wendy Your Own Question
Attorney Wendy
Attorney Wendy
Attorney Wendy, Lawyer
Category: Legal
Satisfied Customers: 508
508 Satisfied Customers
Experience: Member at Keefer & Keefer LLC

Attorney Wendy is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
Hearing aids: Is insurance policy medicare since it is a
Hearing aids: Is insurance policy medicare since it is a federally issued policy -- exempt from the State of Connecticut code mandating hearing aids for adults vs. only children under 12? Could I rais… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,259 satisfied customers
I have a life insurance policy that the company refuses to
I have a life insurance policy that the company refuses to pay. The problem is with coding by the doctor. … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
I bought some health insurance policies from a broker. The
I bought some health insurance policies from a broker. The broker lied on my husband's life insurance app- said he never was convicted of a felony- I had told her he was. Also, I bought health insuran… read more
Attorney Wendy
Attorney Wendy
Lawyer
508 satisfied customers
If a Medical premium is not paid for the last month of
If a Medical premium is not paid for the last month of coverage of a health insurance plan (the plan was terminated and is no longer enrolled in) is the premium for the last month payable /owed to the… read more
Attorney Wendy
Attorney Wendy
Lawyer
508 satisfied customers
I am trying to understand why an insurance policy does not
I am trying to understand why an insurance policy does not recognize my parents living trust. Do you I need to go to an insurance lawyer? I have asked the attorney for the trust but have not received … read more
Ray
Ray
Lawyer
Doctoral Degree
32,108 satisfied customers
Both my wife & I have life insurance policies with Penn
Both my wife & I have life insurance policies with Penn Mutual Life Insurance Co. My wife barrowed from her policy and now they don't apply the loan payments to the loan but put them to they policy. W… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
Can a DMV employee be liable or deemed negligent on the 1983
Can a DMV employee be liable or deemed negligent on the 1983 for causing a (deliberate) (indifferent) to someone vehicle parked in a handicap accessible parking space on DMV property? Respectfully Req… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
I got a $50,000 life insurance policy in 1991, which was a
I got a $50,000 life insurance policy in 1991, which was a transfer from a previous holder, and now, after paying in $36,000, and at age 87, the insurance company has now raised my quarterly premiums … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
I want to know what kind of insurance policy do I need to
I want to know what kind of insurance policy do I need to have incase I am sued to help me defend against the lawsuit … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,118 satisfied customers
I have a question about a will and a life insurance policy.
I have a question about a will and a life insurance policy … read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
I recently applied for 2 life insurance policies. As a
Hello. I recently applied for 2 life insurance policies. As a result of that application I found out that one of my blood tests came back with abnormal readings. The agent said I would still be covere… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,757 satisfied customers
My mother took out a life insurance policy on me when I was
Hi, my mother took out a life insurance policy on me when I was a minor. I'm 27 now, and found out she's refusing to sign the policy over to me despite the fact I'm an adult and her agreeing to over a… read more
LegalGems
LegalGems
Juris Doctorate
11,587 satisfied customers
Progressive insurance wants to pay me to low on my stolen
Progressive insurance wants to pay me to low on my stolen pick up. … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
My car insurance policy was canceled because I was
Hi, my car insurance policy was canceled because I was ill-informed is there something I can do? … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
A life insurance policy which was cancelled in October,
a life insurance policy which was cancelled in October, November, and December, and on auto-pay has still not ceased. what to do? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,118 satisfied customers
We need advice on universal life insurance policy. New
We need advice on universal life insurance policy. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,118 satisfied customers
I am the beneficiary of a life insurance policy and the
I am the beneficiary of a life insurance policy and the insurance company won't make the check out to me.they keep sending it to the estate of Don Sergott so the bank won't cash it. I called them and … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
HO2 and Wind policies in place and premiums paid with Trust
HO2 and Wind policies in place and premiums paid with Trust as named insured. Deed recorded in FL naming three co-partners/equal shares. Insurance carriers require new application for each policy. How… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x