Legal advice re: no auto insurance - Calgarypuck Forums - The Unofficial Calgary Flames Fan Community

theonlywhiteout · 02-17-2011, 08:41 PM

I'll keep the post to just basics. A friend was involved in a multi car accident she caused. She had her insurance revoked for non payment of 12 dollars; her pre auth payment expired and she recently moved. So the warnings went to her old address, no one called and they took her off a plan.

Any insight and advice is appreciated

ricosuave · 02-17-2011, 08:50 PM

I think she's hooped.

Flabbibulin · 02-17-2011, 08:57 PM

nm

jar_e · 02-17-2011, 09:01 PM

She can probably be prepared to be sued to smithereens.

jar_e · 02-17-2011, 09:02 PM

Furthermore, was she given a no insurance summons by the cops?

puckluck · 02-17-2011, 09:09 PM

She's going to be in a world of pain.

The damages will most likely be paid out by the government through that $2 fee they charge when you get your registration, but tell her to be prepared to be sued big time.

hillspeak · 02-17-2011, 09:14 PM

If she was cancelled by non-payment under the SPF 1 ( Standard Automobile Policy) the insurance company' is only required to send a registered letter to the 'LAST KNOWN MAILING ADDRESS". They give the client 15 days notice from reciept at the post office.
(The wording is online if you just google SPF1 Alberta)

I would say she is pretty much hooped as she did not inform the insurance company of the change in address.

She could question the insurance company to confirm that they did receive the returned registered letter back from the Post Office if she did not receive. But again it is her obligation to notify the insurance company or broker of change of address

Other then that it is her responsibility to inform the insurance company and registries of a change of address.

She maybe in a lot of trouble here and I would strongly suggest she see a lawyer.
The police can possibly charge her for driving without an insurance which if she does get insurance again is i think surchargeable offence. She may also be personally responsible for the damages to the vehicles and any bodily injury claims that she is deemed at fault for. Most likely she if she was charged her lic. will be suspended by registries until a payment plan is made or they may want payment in full prior to her receiving her lic. back.

Missing the so called $12 payment and not changing her address is going to be a costly mistake.

jolinar of malkshor · 02-17-2011, 09:17 PM

Any reason why she didn't contact her insurance company once she realized her payment went NSF? How long was she driving around without insurance? She better hope she doesn't have to many assets.

theonlywhiteout · 02-17-2011, 09:24 PM

She says she faxed them her new address, and, as far s the no payment thats just her not paying attention. She is adamant that she gave them the new address. Also, it seems that the creditors who wanted the 12 dollars had her new address which I find odd

puckluck · 02-17-2011, 09:28 PM

Quote:

Originally Posted by theonlywhiteout

She says she faxed them her new address, and, as far s the no payment thats just her not paying attention. She is adamant that she gave them the new address. Also, it seems that the creditors who wanted the 12 dollars had her new address which I find odd

Yeah she's not going to win against the insurance company on simply words. She better have solid proof she faxed them her new address or the insurance company will shred her case to pieces.

Really sucks that it happened to her. I know it wasn't her intent, but driving without insurance and getting into an accident can ruin someone especially if there are serious injuries. She'll probably end up filing bankruptcy which will probably be the best option.

theonlywhiteout · 02-17-2011, 09:29 PM

wow I thought this was bad but I had no idea it was this bad

I already advised she contact a lawyer, and also look for proof of her sending the fax in. ####ty situation to say the very least.

VladtheImpaler · 02-17-2011, 09:55 PM

Here is what is going to happen. She will be sued by all the injured parties in the accident. Assuming she doesn't hire her own lawyer to defend this, the Motor Vehicle Claims Fund will negotiate with the plaintiffs and (presumably) reach settlements with them. The government will pay them out. A judgement will be entered against your friend, and the government will then go after her for whatever was paid out. As you know, when you owe the government, it's hard to avoid paying...

theonlywhiteout · 02-17-2011, 09:59 PM

what if the accident was minor and vehicle damage only? or wil it be like sharks in water once they find out shes not insured?

Rathji · 02-17-2011, 10:11 PM

Quote:

Originally Posted by theonlywhiteout

what if the accident was minor and vehicle damage only? or wil it be like sharks in water once they find out shes not insured?

In my youth, where I was very stupid, I had a vehicle once that was not insured for a brief time for a similar reason (didn't open the mail on the counter and it got misplaced). My brother drove the car and then in his infinite wisdom got into an accident. He got the $2400 ticket, and nothing was ever heard from again from the cops or the guy he hit. Apparently it was a pretty old 1/4 ton truck, but it was probably written off, so maybe the time/cost he figured he would incur to get the money wasn't worth it to him.

I highly doubt that would happen in this case, where you mentioned multiple cars were involved.

theonlywhiteout · 02-17-2011, 10:12 PM

what happened was she rear ended one guy, then he rear ended someone, and then that person rear ended someone

burn_this_city · 02-17-2011, 10:14 PM

From what I understand shes only responsible for the rear most car. The other guys were too close together and thats why they teach you to stop far back. Although if she was flying when she hit them then she might be responsible for everyone.

theonlywhiteout · 02-17-2011, 10:15 PM

well thats good. should keep things less insane

puckluck · 02-17-2011, 10:15 PM

Quote:

Originally Posted by theonlywhiteout

what if the accident was minor and vehicle damage only? or wil it be like sharks in water once they find out shes not insured?

Doesn't make a difference to the people claiming as they are getting paid by the government. They still have to follow the same rules and laws as if she was insured.

Yanda · 02-17-2011, 10:17 PM

thats no minor accident, there is 4 parties involved.

MrSector9 · 02-17-2011, 10:17 PM

her only choice if it was minor and no one injured to to try to settle out and have the police case closed. However if the police are already involved at the scene then she is like said above.. hooped.

Paying the goverment back is one thing, paying for insurance after this is a completely different story.

I know she pleads ignorance but how can she not known she did not pay, if it came back becasue of $12 it would have NSF'ed in her account, to already be at in collect then it has been for qquite some time, did she never check her account?