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Question
I was involve in an accident last year. It resulted to damage to 2 cars amounting to $6000 for one car and $1000 for the second car. Although the my car had insurance, I wasnt included in the policy yet because my parents were planning to include me the in the next month. Now, DMV Florida suspended my license because O dont have insurance and is asking me to get a SR-22 and a release form from the other parties.
My question is what if one of the driver refuses to sign the release form, what should I do??
P.S. The driver of the other car with $6000 also didnt have insurance. Only the one with $1000 damages had insurance. And I am positive that she is the one pursuing this case.
Im getting confuse in what to do. Please help
Hello,
The SR 22 is no unique to Florida. This is the requirement for financial responsibilty and is used for high risk drivers. In your case it is because you were not listed on the policy and now your licence is suspended.
The only way that the other driver will sign off is that they need to be compensared for their loss caused by you. You did not state if the ins company was even coveeing the loss. Since you are not named, and you live in the house, might be a real problem. Chances are good that your parent's policy may be cancelled or at the very least, their rates will sky rocket!
I will tell you if you hit me, I would not sign off on the sr 22 until all my damage was paid for.
You state one of the drivers may not have insurance. It doesn't matter as far as you are concerned. The sate of Florida and almost all states but Wisconsin (until Sept 2010) require that if the person gets behind the wheel have insurance. It's the law!
You have no choice and you have to satisfy the requorements or you don't get yoir license.
Liability insurance is not for you. It is to protect others from your actions whether accidental or not.
Someone was nice enough to crease the door on my rental car at Walmart. Most likely they did not have insurance or they would have left a note. The reason I had the rental was because I crashed my truck. Now I had to pay $1,000 dd for the truck and an additional $800 for repair of the rental car and frankly this is a hardship on me. Can't turn it in to ins because my rates will go nuts! So I thank that piece of slime.
I hope you have learned. A lesson in responsibility now.
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Answers by Expert:
Rob Painter, Ase, CFEI, CAFATE
Expertise
Please remember. I am not an attorney and cannot legal advice. My answers are based on my experience due to litigation I have been involved in as an expert, for both insurance companies and while oposing them opposing them. I deal with only comprehensive claims on autos related to fire and theft. I have even had the opportunity to rewrite policy coverage language as it relates to vehicle theft and forced entry for insurance defense attorneys.
Experience
Experience in the area: Working with insurance companies and attorneys on these issues for over 20 years. It is very common to have a reported stolen car with a so-called factory anti-theft system to have the theft claim denied. I have served successfully as an expert witness in the courts across the US representing the insured and their attorney revealing that the insurance expert did not take all known theories into consideration before rendering their "Forensic" conclusion. Many insurance carriers us independent "Forensic" experts to examine reported stolen vehicles commonly using flawed methodology implicating the innocent insured with the theft. My job is to determine if the insurance expert reached his conclusions based on accepted scientific principals or just net opinion with no basis other than opinion. My case record against such experts is very compelling.My resume can be seen at the catagory "Auto Theft and Prevention." In "Forensics" the scientific method must be employed. In the forensic locksmith field determining how a reported stolen vehicle was last operated, many processes cannot be duplicated and are conveniently not addressed. If they were, juries would have the opportunity to make a fair and impartial opinion at least about what the expert could or could not prove. There is a purported process determining the last key used. The chances of determining such is very rare uless the key is found in the ignition lock. Experts commonly destroy evidence as well and are rarely questioned on this event. I reveal the weakness in their testimony on such instances.
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