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So I had an uninsured accident about 1 1/2 yr ago, in South Carolina.? |
The DMV says it is suspended indefinitely. I went to court and the judge didn't even make me pay any fines, he dropped all the charges. But when I talk to the DMV, they said that until I either sue this lady or she sues me, I get no license. If you are wondering why I don't just take her to court, it's because I'm broke, obviously or I wouldn't have been driving without insurance. So I thought I would just wait the lady out, her insurance company is bound to take me to court soon, right? I figure the arresting officer could tell that it wasn't my fault so I wasn't really worried about court. Anyway, her lawyer writes me this letter saying to contact him. I do and he tells me that the statute of limitations is 5 yrs(which confused me because the DMV said 3) and that they pulled my credit and saw it would be a waste of their time and money to sue me right now because I'm not worth anything. So instead, he said they plan on waiting until a week before the 5 yrs are up and then go file for court so that essentially, not only would they stretch the time out as long as possible, if I had obtained anything by that point they could sue me for it. The thing is I have 3 kids and desperately need to get my license back. I have been to the DMV site and there are ways that you can get a provisional license if you got a DUI but no way for me to get one. There is really something wrong with that. I think maybe I have to be missing something but I've talked to so many people and everyone keeps telling me there is no way to get it back. I am not making any excuses but I wasn't doing anything wrong. At the time I was single trying to raise my kids and go to college. I wasn't out joy riding or drinking. I was on my way to put my kids to bed and get ready for school the next day when this lady pulled out in front of me. This has essentially ruined my life. I had to quit college and I'm barely able to make it right now. Please don't respond to critisize me, SOMEONE is either lying or incompetent. Any CIVIL suit between you and the other party has NOTHING to do with your driver's license. I don't think you have to sue her. But if you get SR-22 insurance, you should be covered. Or you can call the State Bar and get a referral to a cheap attorney who can get your license situation taken care of. Also, if you are thinking about suing her, you better do it fast because there are statute of limitations. Talk to an attorney who specializes in lawsuits. A consultation with such an attorney is FREE, because he takes cases on a contingency basis and is only paid if he wins. He might not take your case because apparently there were no real damages to you, but at least you'll have a free consult and will learn something about your legal position. First, the statute of limitations for an auto accident is in S.C. is 3 years. Second, you have a right to request a hearing to appeal your case for a driver's license before the S.C division of motor vehicles. Third, if you can't afford to hire a lawyer, you may be eligible for free legal services through a legal aid clinic in your area. Contact the state bar association in your area and ask for referrals. The clinic should be able to help you with your license problem and the accident issue. hope this helps, good luck. she is within every legal right to wait until the last minute to sue you before the statute of limitations expires. my guess would be the best plan would be to file a civil suit in small claims court, if you want your drivers license back. the cost is usually minimal and sometimes you can file a paupers oath to circumvent the costs completely. the problem is that if you sue her and the judge finds you are at fault, then what are you suppose to do? The insurance company won't waste time and money comming after you if you want your license back you will have to go after them Your value to them is useless. |
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