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Question
My daughter was in an auto accident last year, not her fault.  The other driver left the scene before she could obtain their info.  It was late at night and she was alone while there were two people in the other car.  They filed a claim with their insurance company.  They must have taken down her plates as the insurance company has a third party collections company, AFNI, Inc., trying to collect damages from her.  No police report was filed. Her vehicle seemed ok except a crushed front hood, but died two days later due to radiator injuries. Her car was totaled but was old and she had let the insurance lapse.She never received any other notices or  info.  My questions are:  is this a scam by AFNI, Inc,  what recourse does she have and it seems a suit was filed in which she received no notice and now can not register a vehicle until this is settled.  she is a college student with few funds.  Any help you cam give to resolve this is appreciated.

Answer
Skye,

I am sorry to hear about your daughter's situation. The reality is that you may need to go ahead and retain an attorney in this matter because of the circumstances.

In the meantime, you may consider a few things:

Obtain all of the information from this "AFNI" company regarding who they represent and the full basis for their subrogation attempts. They will have to tell you which insurance company they purchased the claim from and all of the facts of that claim. With that information, turn around and file a claim against the driver of the other car with their insurance company! That insurance company should never had paid the claim without investigating the facts and that would have included talking to you tp get your side of the story. Even though it is late in the process, you might file a police report in order to get your side of the story in place first. If the other people left the scene of the accident without providing their insurance information, there might have been a  criminal violation on them for leaving the scene of an accident.

I don't know who this AFNI is but would question anything that they are telling you about not being able to register a vehicle until this is settled. I have never heard of that to be the case. It may be total BS that they are using to try to get you to pay up and if so, they may be violating some laws themselves.

Hope this helps.


Kevin Hromas
JD, EGA, RPA, PLCS, HCRI-R/C, CPIU, WIND(r) Umpire
Kevin Hromas & Associates
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www.KevinHromas.com

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Kevin Hromas

Expertise

I am a licensed, executive general adjuster currently holding a Texas resident P&C license (614250), New Mexico non-resident all lines license (248774), Oklahoma non-resident P/F/M license (A299561), Florida non-resident P&C license (E117051) and a National Flood Insurance Program certification (06040100). My areas of expertise involve property and casualty issues in both residential and commercial policies with regards to claims practices and issues. I deal extensively with Lloyd's of London commercial policies and various domestic carriers for residential policies.

Experience

After a 20 year career as a General Contractor, I was employed by Allstate Insurance as an adjuster in Texas, holding various postitions within the property claims department. After leaving Allstate, I specialized in handling losses associated with major catastrophes through-out the country. (Hurricanes Isabel, Charlie, Wilma, Katrina, Ike, etc., hail storms, floods.) I am currently retained as an expert by multiple insurance defense firms in Texas for issues in litigation. I am also a certified Umpire for formal appraisals.

Organizations
Member - Society of Registered Professional Adjusters Fellow - Council on Litigation Management Member - Property and Casualty Association Member - Texas Independent Insurances Adjusters Association Member - National Association of independent Insurance Adjusters Member - Houston Claims Association

Publications
Claims Magazine (www.ClaimsMag.com and then search 'Kevin Hromas' for a full listing of articles and quotes.) www.ClaimsPages.com, www.ProAdjuster.org, www.KevinHromas.com

Education/Credentials
JD - University of Houston Law Center - 1992 BA - Southwest Texas State University - 1980 AA - South Plains College - 1977 PLCS - Personal Lines Coverage Specialist

Past/Present Clients
Certain Underwriters at Lloyd's, London, Fulbright & Jaworski (Law Firm), Bracket & Ellis (Law Firm) Thamm & O'Briant (Law Firm) Sheehy, Ware & Pappas (Law Firm) Walker, Wilcox and Matousek (Law Firm) Financial Guarantee Underwriters

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