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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.

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Customer reply replied 4 months 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 4 months ago
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Answered in 3 minutes by:
3/13/2018
Attorney Wendy
Category: Legal
Satisfied Customers: 1,198
Experience: Member at Keefer & Keefer LLC
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Hello. My name is ***** ***** I am an attorney. I am currently preparing a response to your question and should have that to you shortly.

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Customer reply replied 4 months ago
Thank you
Customer reply replied 4 months ago
No call, I will just wait on your written response.
Customer reply replied 4 months 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.

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Customer reply replied 4 months 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 4 months ago
The wreck occurred at 11:00 a.m. on 8/11/17.
Customer reply replied 4 months 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.

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Customer reply replied 4 months 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.

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Customer reply replied 4 months 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?

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Customer reply replied 4 months 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.

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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.

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Customer reply replied 4 months 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.

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Customer reply replied 4 months 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?

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Customer reply replied 4 months 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.

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Customer reply replied 4 months 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: 1,198
Experience: Member at Keefer & Keefer LLC
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Customer reply replied 4 months ago
Thank you
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