My son was involved in auto accident in a car I purchased for him. I forgot to add the car to my policy. It happened on 9/1/08,

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The accident happened on 9/1/08 in Florida, He and i were covered in full for 100/300 on all other cars. They have never sued me. Is there a statue of limitations for this? I payed for the other guys deductable & car rental. Because I did't know what to do.No lawyers were involved, does this admit my guilt? . National Commercial Services agency has taken over the collection process. I also was makeing payments to said collection agency, for total payment to date of $1949.00 Again because of not knowing what to do. They are going to suspend both our licenses as of 5/31/12. because I stopped payments Upon a request of documentation from NCS, all they sent me was what it cost to fix the car. I never received any info or demand for payment from Nationwide Insurance. Could you please advise me

Attorney Answers

2
Devin Tison ·
To answer your first question, there is a 4 year statute of limitations on Auto Negligence and a 5 year statute of limitations on Under/Uninsured Motorist Coverage. As far as the rest of your question, I am not sure what you are asking. Specifically what is National Commercial Services trying to collect from you? The unpaid deductible? If you clarify someone may be able to help
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Jason Melton ·
I am confused as to the role of National Commercial Services. However as a general rule, a party seeking damages due to your negligence has 4 years to file an action in Florida against the negligent party. However, they have 5 years to file a 1st party, or in this caee, a lawsuit against their own auto insurance pursuant to any UM or UIM coverage they may have purchased to cover an accident where no coverage or less an adequate amount was provided, as may be the case here. Florida DHSMV will get involved when a unpaid debt arises from an accident due to an uninsured motorist. My advice would be to present your case to DHSMV to see what more they believe you should do to accommodate the victim to keep your DL from being suspended. Since you have the notice letter in the mail from the State of Florida, this issue is ready for you to respond. You'll want to contact the Hearing Officer at your local DHSMV - good luck and keep your vehicles insured in the future!
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