QUESTION
If I was in an accident and didn’t have insurance do I have to pay the other persons insurance back?
Asked on Mar 11th, 2013 on Personal Injury - Massachusetts
More details to this question:
I was driving and came to a flashing red light I stop and then went across as I almost made it across I was hit on the side. The police said it was my fault. My mom’s insurance was temporarily cancelled because she missed 2 month. The guys insurance total his car for 13000 and now they want me to pay all of it back by law do I have to pay the whole 13000 back?
10 ANSWERS
Yes, if they get a judgment against you. But, you can fight it.
Answered on Apr 01st, 2013 at 3:09 AM
Christian Joseph Menard
Anyone responsible for an accident has to pay all reasonable damages he causes. In your situation, the person you hit got paid for his damages by his insurance company. In that situation, his insurance company can come after you for reimbursement for what they paid their insured for his property damage/loss. This is known as subrogation. All insurance companies have in their policies the right of subrogation. Because the insurance company now stands in the shoes of its insured, all defenses available to you as against the insured are available to you as against his insurance company. In other words, the insurance company still has to prove you were at fault. If you can prove you were not at fault for the accident, then you do not have to pay the $13,000.00. If you feel you were at fault, then try to negotiate with the insurance company to reduce their claim against you. Good luck!
Answered on Mar 17th, 2013 at 8:44 PM
Ronald A. Steinberg
Yes. You caused the accident, and you chose NOT to have insurance. Your insurance would have paid,but since you have none, then YOU are responsible.
Answered on Mar 12th, 2013 at 10:41 PM
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Yes, and rest assured they'll be contacting you to be repaid.
Answered on Mar 12th, 2013 at 8:27 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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The other driver's insurance company can sue you and if it was your fault, they can get a judgment against you for what they paid. However, if you own no property, they cannot force you to pay the judgment. They understand this and are trying to get you to pay them so that they do not have to spend money on a lawsuit that they will never collect.
Answered on Mar 12th, 2013 at 5:21 AM
The question you ought to be asking is are you capable of reimbursing the amount at one time or over a period of time via payments? If not, you are essentially judgment proof. You should discuss this matter with an attorney who has experience in defending debtors.
Answered on Mar 12th, 2013 at 5:21 AM
Thomas Edward Gates
Yes, you owe the other insurance company the money they paid out.
Answered on Mar 12th, 2013 at 5:20 AM
James Eugene Hasser
Yes. The fact you didn't have insurance is irrelevant.
Answered on Mar 12th, 2013 at 5:19 AM
Personal Injury Attorney serving Charlotte, NC
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You have to pay whatever damage you caused. The state expects you not to drive unless you have insurance. When you do so you put a lot of people at risk 6 million maybe and you ought to pay for breaking the rules.
Answered on Mar 12th, 2013 at 5:18 AM
If you are determined at fault, then you are technically responsible for any and all damages that occur from the accident.
Answered on Mar 12th, 2013 at 5:18 AM