Debt Collection Question

>>992714
Ask a lawyer.

>>992714
>Would I be able to have the debt collector deal with my Dad instead of coming after me?

No.. because I assume on paper you are the owner. People make up all kind of excuses and sob stories in those situations..(my granny used it.. children, drunk uncle etc ) so a debt collector only goes after who is the owner on paper... otherwise it becomes a neverending chaos for the collector..

If you talk with them they will something tell you something along the lines of: ´it´s your responsibility to handle your car and car key properly´´

>>992714

>I hadn't heard anything for six months, but yesterday I got a letter from a debt collector stating that because I was the owner of the car and I didn't have insurance I have to pay the cost of the damages.

Is this coming from the woman's insurance provider or an actual collections company?

>Would I be able to have the debt collector deal with my Dad instead of coming after me?

No. Whoever holds the title to the vehicle when it is hit assumes full responsibility.

>...I really can't afford to take the hit to my finances / credit score.

This goes back to my first question. You really should get a lawyer for this, but if you are asking on 4chan, then I'll assume that isn't an option. If you were contacted by her insurance then make sure everything is writing, payments and damages etc. Maybe they will work with you, as any money is better than none (that is if you are really a poorfag). Make sure that whatever agreement reached will be certified "paid-in-full" with documentation. You don't want them to agree to a reduced sum then go after the rest later.

If this was sent by a collections agency then your credit score is already trashed, and you are in a much worse position. You need to provide more information though.

>>992736
The notice is from a debt collector on behalf of the woman's insurance company.

I'm already $24,000 in the hole, I can't afford a lawyer.

>>992740

You need to check your credit score now then, as in right now. Mint and Credit Karma will give you a report and score, though I don't know what they do with the info. Annualcreditreport is legit.

From the sounds of it, your credit has already been trashed for non-payment. Normally you'd have gotten something beforehand as your insurance would deal with their insurance. Since you didn't have insurance, they probably wrote off the loss and gave your account to an outside but connected agency. They'll get paid back if you pay.

The agency probably has the right to call and harass you forever now, within legal limits, because of that 6 month period of time you didn't pay. This is one of the reasons you trade insurances in an accident, so you can contact each party on record. From the outside, you look like a pure delinquent account with 0 contact or payment. This is why you likely haven't been contacted in 6 mo., because your legal standing to argue this is pretty much non-existent. Effectively, your car, your responsibility to keep up with the damages on it, even if it is very difficult (or impossible) not having insurance (which you can't admit to anyway legally without getting screwed).

How much do you make? How much other debt do you have? Do you have anything like student loans which can't be discharged? How much do they say you owe? How much do you have in savings? How much can your dad cover?

>>992756
I've checked my credit reports via annualcreditreport and it doesn't look like they've filed an official collections report against me (yet), thank God.

My car was inoperable and I had left it uninsured because I never expected it to leave the driveway until I got around to fixing it. The fact that my Dad had a spare key and decided to "borrow" it shouldn't have any bearing on me (in a perfect world).

I make roughly $36,000/yr, and my Dad somewhere less than that. I'm $24,000 in the hole in credit card debt, and I know my Dad won't be able to pay me back at all.

He's 100% willing to take the blame and work with the collector, but if that's not an option I'm done for.

>>992794

>The fact that my Dad had a spare key and decided to "borrow" it shouldn't have any bearing on me (in a perfect world).

This is a philosophical sticking point. Taking personal responsibility is part of being a man. YOU owned the vehicle, YOU decided not to have insurance. Your dad had YOUR key to YOUR vehicle. Obviously your father created the conditions for this huge blow-up, but you need to grow the fuck up. Your dad being in the wrong makes you no less innocent. This has every reason to have bearing on you.

From how I see it, you have a couple options. You need to make a payment plan with the creditor, as YOU are the legally responsible entity here. The creditor can't just shift responsibility to another party legally, so you have to work out a plan in which you can make payments to them, and have your dad give you the money to send in. How much do you supposedly owe them?

That said, you need to get those credit cards paid off, but with your income and situation, you are treading into Chapter 7 bankruptcy territory.

>>992740
They won't expect you to pay the full amount, $24,000. In their eyes you're a deadbeat f'up, so you need to play that card. You need to get a paralegal, which will cost at most $500 to send them a letter telling them you're willing to settle for 10% of the amount - $2,400, with a hint that you'll declare bankruptcy otherwise. Pick the parallegal with one of the cheapst looking signs and not a high end office.

>>992820
True enough, nobody is going to help me out of this situation but myself at this point, and it was my responsibility.

>992826
That's not a bad idea to consider, I'll look around and see who I can confer with.

>>992826
You more than likely wouldn't be able to discharge that debt in bankruptcy. A judge would look at an uninsured accident and wonder why you weren't charged with a crime and show no pity.

Getting hit from behind means it was her fault Not sure if being uninsured affects this. Ask a lawyer.

Lawyer here. Your dad is liable, not you. People get confused because insurance covers multiple drivers, but in the real world liability is place on people not things. Unless the accident was caused by you failing to maintain the brakes, etc., the fault (if any) is on the driver (your Dad).

There is no legal principle that says you are liable for harm caused by someone who used your borrowed property. If I loan you a baseball bat and you go beat an old lady with it, I'm not liable. While contracts of insurance can extend coverage to these types of third-party situations, in the absence of insurance the normal rules apply.

Tell the debt collector that you are not a party to the accident, and tell your Dad to stop being a bitch and take responsibility for his accident.

>>992931
Wrong.

>>992960
Wrong. Dad was backing out of a space. Lady had right of way.

>>992724
Wrong.

>>992736
Wrong.

>>992756
Wrong. His credit report wouldn't be affected unless there was a judgment. OP doesn't mention anything about a judgment having been issued, so I'm assuming his recitation of the facts is true.

>>992820
>Taking personal responsibility is part of being a man.
Which means if you cause an accident, you should take responsibility. Dad is iable here, and Dad should step up.

Foisting an accident on someone else or someone else's insurance is a bitch move. Don't be that kind of person.

>>992826
Wrong.

I'l monitor for a short time if you have questions OP.

>>992714
If the cops weren't called its your word against hers. Don't pay it but you will take a hit on your credit score.