Can the insurance company do this?

Ok, last year (May 10, 2008) I got into a wreck and totaled my coup¨¦.
I did not have insurance at that time (the day between coverage from my ripened policy and new one, not that it matters except to show my horrible timing)
I compensated the Illinois Dept. of Transportation a $600 deposit toward the person that claimed she was injured, and hear from them that she never claimed it.
Now, today, (May 26, 2009- over a year later) I got a letter from a company call "Claims Resource Services", saying that I owe her 13,000 dollars. Now, I saw her car on the site, and it be late 80's, 92- model at the newest. There is no opening they paid $13,000 on it without totaling it out.
A) is within no statute of limitations on this? After a year they can still come after me?
B) If she did not claim her deposit, how can she sue me for the 13,000?
C) How do I make sure that this "Claims Resource Services" is a legitimate company?
D) Is nearby any recourse I have other than to remuneration $13,000? Any lawyer, anything?
I am pretty much devastated. I don'tt have the money. I cant afford to lose my license!
Answers:
http://www.claimsresource.com/

There is this company but I doubt it will doo you much good as they they subcontract out. It might not even be the real company.

Call whoever sent you that note and say you want full documentation on the debt you owe.

Go to DMV. Since it is vehicle related that debt should be on your register. There is also the fact that you recieved no notification from her insurance company before it go to collections.

Write down the who, whats and whens of anybody you speak to.

There are things that can be done so you should run this by a lawyer. He can do things like transport a certified letter to the collection agency demanding the full info. She possibly did not claim it so instead she could rook the uninsured driver's fund.

Yep, talk to a legal representative because something sounds fishy.
Of course they can come after you.
I don't know exactly what you paid Ill DOT, but I never hear of a state DMV/DOT "taking deposits toward injured parties." Sound more like a fine for have no insurance. "Claims Resource Service" sounds more like a collection agency than an insurer.
The 13K is probably for the dilapidated vehicle and the injury claim.

She did not need to claim the 500 deposit because she was rewarded by her insurance company. And the 500 deposit is a state thing. I'm not in Ill, but I doubt it have anything to do with the claim.

Yes, her company can come after you a year after the accident. It's call subrogation. They paid the other person for her damage/injuries because you did not enjoy insurance. You don't get a free pass for that. Now you hold to pay the insurance company back. If you don't, they can sue you and depending on state statute, may be able to have your drivers license revoked.

You can send for the subrogation company and set up an interest free payment plan. As long as you make your payments in good time - no further action is taken against you.

If you can scrape together a lump sum (say 8000) nickname and offer to settle with them for 8K as pay-out in full. They may take it. Most companies would to some extent get a lump sum for a lesser amount than enjoy to collect monthly payments until the debt is paid in full.

You can hire an attorney. All he'll do is appointment the insurance company and work out a payment plan. Nothing you can't do yourself for free. And, an attorney is going to run you 250 per hour. Source(s): Insurance Adjuster 12 years
Yes they can do this. You were uninsured and cause an accident, you the money. Here are my answers to your questions,
A) the statute of limitations surrounded by IL is 2yrs for injury claims and 5 yrs for the car damages. So yes they can still come after you.
B) The money you paid to the state be just a deposit on a claim that was still future. At the time nobody knew how much the claim would be at that time. She is not suing you. Her or the insurance company not claiming the deposit means nil. That deposit probably was the only entity that let you keep your license this long.
C) They are a legit company. They are a subrogation rescue company. I own a company that also handles claims against uninsured people resembling they do.
D) You have no recourse. You didn't have insurance so you are justifiably liable for the damages.

Now that the questions have be answered let me add the following.
1) Do not discount this. If you think it's bad very soon wait and see how bad it can achieve. They can sue you and get court fees, lawyer fees and interest to the 13K and until that time you know it the 13K turns into 16K or more.
2) My guess is that the 13K is a combination of car damages and an injury claim. It is not unusual to see uninsured people owing amounts of this size.
3)Call or email CRS and ask them for copies of the checks used to rate the claim, damage estimates or total loss vehicle documentation, photographs & a copy of any police report.
4)After you have received this information ask CRS if at hand is any comparative negligence on their driver (this reduces what you owe.)
5) Ask them if they will accept monthly payments. It will be a roomy payment but it beats losing your license or getting sued.

Good Luck Source(s): Owner of a subrogation taking back company.
I would call the Department of Insurance surrounded by your state and file a complaint. They will investigate to make sure everything be done correctly. A link is below. Just click on your state. Source(s): https://www.aipso.com/links.asp
a. yes, there is - but in IL, the statute of limitations is two years. Likely, that $13K also includes medical bills - chiro, discomfort & suffering, etc.
b. instead of coming after you, directly, she filed the claim with her insurance company. Her insurance, immediately, is coming after you, for reimbursement in full, of everything they paid - plus her deductible.
c. you phone call your local better business bureau.
d. if you've got the money for a lawyer, great - because if you don't clear this, they're going to sue you and garnish your wages. You won't lose your license over this - you'll just win wages garnished.

If her insurance company couldn't find you, like you moved or something, afterwards they won't try to come after you. Or, it's highly possible that they didn't bother, as most people who are uninsured, can't cough up any serious money, anyway, and it's freshly delaying the collection process.


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