Sunday, January 27, 2008

Wife in Car accident, we have no insurance, help!?

Here's my situation, I have no help/advice from anyone on what to do, so I need legal type advice! We live in Florida. My wife got into an accident last week, and her can was undrivable from the scene. NOBODY was hurt. THe other driver was able to drive the car away from the scene. My wife was entering an intersection, where another driver signaled her to 'go ahead' and she procedeed to turn into the intersection, when another driver hit my wife's car. The officer arriving on the scene gave my wife a failure to yeild ticket. The other driver received a ticket for statute FL322.34(2) DNLS knowingly, which seems to be for driving with a suspended license (for a DUI or something similar). My wife called me about the accident and it turns out that after calling my insurance company (progressive) we had missed a payment, which coincided with the end of a policy/start of a new one. They never sent a missed payment notice, because one policy(6mo period) expired and there was no missed payment notice to send becuase we had not started our new policy without that 'missed' payment, so we were informed that we were uninsured during the period of the accident (totally unknown to us, and unfortunate for us). So, the owner of the other vehicle (not the driver) wants us to pay his $1000 deductible for the accident, which of course we don't have. I'm not sure how to handle this? Are we totally responsible for 100% of the fault here?? Does she get assigned any percentage of the fault due? What about the fact that she was driving with a susupended license and shouldn't have been on the road at all? Can someone help me with answers to those questions? Thanks! captainejo@hotmail.com

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