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?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.