If I pled guilty to an auto collision that was my fault but I was uninsured, what are my rights to review the expenses that I am being billed for?

I had no insurance. Their insurer billed me and I set up a payment plan. At first the amount owed was the value of the car I totaled but then the amount more than doubled in the next 2 years. I have asked repeatedly for explanations and they respond via phone with “medical expenses”. They have not fulfilled my request for documentation of this new amount of over $12,000 and it has been 3 years. How can I ensure I am not a victim of fraud and demand information?

Asked on September 28, 2015 under Accident Law, Hawaii


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

A payment plan is a contract you agreed to pay a certain amount, in certain installments, over a certain period of time. The insurer cannot simply unilaterally change that--contracts can only be changed by the consent of both parties. Check the terms of the payment plan to which you initially agreed and also check the surrounding sent leading up to or at the same time correspondence, which may shed light further light on it. If the insurer has changed the terms from what you had agreed to, you can sue the insurer for breach of contract--and possibly fraud, too, if they lied to you--to enforce the original agreement and/or get compensation, such as the return of amounts you should not have paid. In the process, you should also get information about what went on, what these alleged costs are, etc.

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