What To Do If You Are Being Sued After An Accident

If you are involved in an auto accident and the other party decides to take legal action and sue you, the first thing you should do is stay calm. Being sued is a scary situation with major implications, yes, but if you are intelligent about it, you can limit your legal liability to almost nothing. Before you panic, read our guide below to determine the smartest course of action.

A common scenario goes something like this: I was involved in an accident a year ago, and was found to be at fault. At the time, my insurance company paid off the claim, but an additional lawsuit has recently been filed, which would be outside the limits of my policy. What should I do?

The first thing most people do in a situation like this is panic. But there are some things to keep in mind, and when the panic attack ends, you probably won’t be any worse off than you were going into the situation.

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How To Know If You Are Actually At Fault

In many instances, the fault is obvious by looking at the damage and the environment in which the accident happened. In other cases, how to determine who’s at fault in an accident depends on local laws. How to determine who’s at fault in an accident is a complicated question with many facets. In some states, where No-Fault insurance is the legal requirement, your insurance company is responsible for you and your property regardless of who is at fault. In this last instance, who is at fault becomes a consideration for determining points on your driver license, and other regulations regarding your driving privilege.

One consideration is simply whether either car was parked, or stopped. Road conditions are also a large factor in deciding how to determine who’s at fault in an accident; heavy fog or rain, or even high winds could play part in the fault involved. In many states, running into the rear of another vehicle is an automatic fault, because you are supposed to always have time to stop in the distance between your vehicle and the one you are following. However, if a vehicle were to back out of a blind drive into your path, there’s little you can do. How to determine who’s at fault in an accident entails comparing the factors involved, and establishing a ranked list of the causes involved. Failure to yield right-of-way to through traffic is always a fault.

If you live in a No-Fault state, your insurance will be responsible for your damages regardless of who’s at fault in an accident. In some ways, this can be beneficial to a driver, but for others it can be a frustrating situation. The theory of No-Fault insurance is that we are all responsible for our own problems, and one driver cannot hold another liable for property or injury damage. The problem with No-Fault is that your car insurance will fluctuate, usually going slowly upwards, as claims filed by the company are reflected back on the group of people they cover. No-Fault is in many ways to a cooperative insurance where all of the members participate to cover other members of their insured network.

But aside from No-Fault, you’ll probably need to know how to determine who’s at fault in an accident, before one happens. The angle of collision, speed of both vehicles, and even the time of day can be important in making the decision. How to determine who’s at fault in an accident will sometimes provide a mixed result as well, and what at first appeared to be the fault of one driver or the other, no fault is determined when all of the facts have been investigated.

What To Do If You Are At Fault And Are Being Sued

First, contact your insurance company. If you have changed companies since the accident, contact the one who handled the original claim. (It might also be wise to mention that if you’ve jumped ship, the insurance company is likely to be willing to help you. Loyalty is a two-way street.) Unless there are some sort of mitigating circumstances that justify a new lawsuit being brought, your original coverage is still valid, and the insurance company is still responsible for providing your the protection afforded in that policy at the time of the accident. Contact the insurance company, and make sure they are on the job.

For one thing, find out what the statue of limitations is for your state. If too much time has passed, filing a new claim is a fruitless quest. Now, lawyers know about the statute of limitations, and if the suit if being filed by a reputable attorney, this is not likely to be an issue. On the other hand, if the lawsuit is being used as a way to pressure you into paying more money that you are not actually liable for, disreputable representatives are subject to try anything.

As a general rule, the limits of your policy will be the limits within a claim is settled. It is rare for additional amounts to be levied beyond the policy coverage. In fact, the idea has been put forth that this generally only happens when the circumstances indicate that the defendant is likely to have assets that can be easily liquidated. This can be a tricky area, as it involves calculated loss risks in an endeavor to make additional gain. For this, it is probably in your best interest to make sure your insurance company is providing counsel, or contract for a lawyer of your own.

In a vast majority of accidents, the policy of the person found at fault is sufficient to cover the penalties and injuries involved. In those few circumstances when this is not true, you will generally know very shortly after the accident, and will be able to begin making allowances for coming up with the additional funds. For a lawsuit to be filed more than a year later, a great deal of causative effect has to be shown, and a reasonable explanation for such a long delay in bringing the suit. Your insurance company is your first line of defense, and putting a lawyer of your own on retainer is the next step. Don’t attempt to represent yourself in such a situation, as it is likely to be a skilled legal battle, and the facts of the accident will be of little regard.

Additional Resources

For more information about this topic, check out these links:

  • Lawyers.com – What should I do if I’m being sued for a car accident?
  • Free Advice – What your car insurance policy will do for you in a lawsuit

Feedback

  Comments: 135


  1. I was wondering what I should do I am being sued for a accident the car I was driving wasn’t mine so there for I wasn’t on the insurance I have no contact with the driver anymore. In the accident I and the other driver merged into the same lane at the same time he hit the front left end of the car. Not sure how I go about dealing with this


    • Rose: Iam in the same situation as you were.. First did you settle the situation? What was the outcome? Did you retain an Attorney? Could you give me advise of what I will expect to happen in my situation? Finally if you could suggest an Attorney , I live in the Los Angel County,, Thank you

    • Christina@4AutoInsuranceQuote


      Hi Rose, What was the outcome of your lawsuit? Based on your comment, I’m wondering a few things such as who was determined to be negligent? Were there any traffic tickets issued? Even though you weren’t on your friend’s car insurance policy, did you have a valid license and your own car insurance? If you did have your own car insurance, then I would recommend you contact the insurance carrier about the accident to see if you will be able to file a claim. You will also want to ask your own car insurance company if they would be willing to provide legal representation in this matter. Sometimes free legal help is made available to you by your insurance carrier. If the answer is no to both questions then you’ll need to retain your own legal counsel. It’s always important to find a local attorney that’s comfortable handling car accident cases. The first consultation with a law firm is normally free. Please let us know what happened in your lawsuit. Hope you are well and everything has been resolved!

  2. michael taylor


    I was not a fault the police said it could not be determined who was at fault so no tickets to either
    party was issued. My son was driving and now one year later I get papers saying i’m being sued
    possibly for more than my coverage with allstate. Allstate as a lawyer representing them and me butI have no assets, no savings, no 401k, everything I have has a loan own it, credit card debt in excess of 20,000
    and a bunch of smaller bills what do I do. I live in Louisiana


    • What ended up happening with your case?


    • Well I had same type situation. At the time I had no assets to take,so the saying goes…”You can’t squeeze blood from a turnip”. Is what it is and I wouldn’t worry about it,nothing ever came about from mine and that was 4 years ago. I was threatened left and right but explained to them go for it I got nothing for you. They just left me alone I assume cause they saw nothing was there. Now if you have assets you must be careful because they will pursue the case. I’m not a lawyer however all they can do is place a judgement. If your credit is bad already and want to fix it at some point,or remove the judgement simply file bankruptcy. That costs around 600-1000.00 depending on where you live and will wipe all debts except the following.

      1) Tax debt
      2) Student loans
      3) Mortage balances if you get to keep house.

    • Christina@4AutoInsuranceQuote


      Hi Michael, What was the outcome of this crash case? Many times the other driver will threaten a lawsuit to see if they can get even more money above & beyond the policy limits. In cases where the other driver does file a lawsuit, most insurance companies will provide free legal representation. It sounds like that is what happened in your situation which is great. If you are sued and do not have funds available right now to take care of a crash settlement then there are other methods used. For example, your tax refunds can be frozen, your wages can be garnished, and liens can be put on your property (like a vehicle or home), etc. These actions can be taken now or in the future. I have known of drivers that were sued and ended up filing personal bankruptcy to wipe out the debt. I hope everything has been resolved and this accident is in the rearview mirror!


  3. I was recentoy in a car with my fiance and our insurance coverage had expired. I’m worried about being sued for damages/medical bills.. What’s the best advise? We don’t own anything and my fiance draws disability. So what all could happen? I go to court on the 15th with understanding that I will already have a ton of fee’s and court costs, possible suspension of my D.L and a misdemeanor charge. The last thing I need is somebody wanting to sue when we can’t even afford Insurance (obviously)??? Help!!!


    • I am facing the same issue. … what was your outcome?

    • Christina@4AutoInsuranceQuote


      Hi April, How did everything unfold in your crash case? What happened in traffic court? Was the accident determined to be your fault? Did the other driver end up suing you? Auto insurance can be very expensive and we may go for many, many years without ever needing to file a claim. So it’s not surprising that many drivers rely on luck. However, if you are in an accident, car insurance can save you way more money than it costs in the long run. As you said, not having insurance has subjected you to even more financial penalties and complications. For anyone in this same circumstance, I would advise he/she meet with a local attorney that’s familiar with car crash cases. Remember, the first consultation is typically free. If you are sued and do not have funds available right now to take care of a crash settlement then there are other methods used. For example, your tax refunds can be frozen, your wages can be garnished, and liens can be put on your property (like a vehicle or home), etc. These actions can be taken now or in the future. I hope everything has been resolved!


  4. What to do if I was involved in an accident that seems to be my fault and my insurance coverages lasped. The other driver didn’t have insurance as well. Now the other driver is talking about sueing me.

    • Christina@4AutoInsuranceQuote


      Hi Jackie, This accident must have been very worrisome for you! Did the other driver end up suing you? What was the outcome? Your comment said the accident “seemed” to be your fault. Was it determined that you were negligent for the crash? Did the police report site you as being in the wrong? Were you ticketed? Based on your description, it seems the other driver may have a legitimate lawsuit against you personally and, if you were determined as being negligent, then you would be responsible for damages. Keep in mind, many times the amount of money the plaintiff is requesting may be well above and beyond what is needed to make them “whole” again. The best thing to do is consult with an attorney in your area that’s familiar with car accident cases. Many times the attorneys for each party can come up with a reasonable settlement and keep you from going before a judge. I hope everything has been resolved fairly and quickly!


  5. I allowed my nephew to drive my car with the stipulation that he keep insurance on it. He had an accident and didn’t tell me until I received a law suit informing me I was being sued. He also didn’t have insurance. I am panicking. What can I do?

    • Christina@4AutoInsuranceQuote


      Hi Tracie, This is really unfortunate! What ended up happening with this lawsuit? Were you and your nephew both named in this lawsuit? Or were you the only individual being sued? Was your nephew the negligent party in the car accident? If your nephew did cause the accident then he is personally responsible for the damages. Depending on the state, the negligent party can be 100% responsible or may only be assigned a portion of the responsibility (such as 80/20 or 70/30). Overall these types of situations come up more often than most people realize. I know many car owners that have ended up suing the friend/roommate/family member/significant other that actually caused the crash to recoup any damages. I would say the most important thing to do under these circumstances is to retain your own attorney. A local lawyer that is very familiar with crash cases would best be able to advise you on the next steps. I hope by now this whole accident case is in your rearview mirror!


  6. I was involved in an accident in Sept 2016. No fault was determined and now the other party is trying to sue me. If you were to look at the pics you would think the other party would be at fault however, what should I do about this. The other parties Ins co determined at fault in their end. How is the done?

    • Christina@4AutoInsuranceQuote


      Hi Confused, I hope you are doing well! Did the other driver’s insurance company pay you anything for damages? I’m trying to understand the basis of this lawsuit. In some states, negligence is not 100% one driver or the other but instead assigned in percentages such as 80/20. Since the other driver couldn’t get any money from his own insurance, perhaps he is trying to sue you to at least get back some of his damages. For example, let’s say you are found to be 20% responsible for the crash. If the other driver has a repair bill for $10,000 then he can try to recoup $2,000 from you. Of course, I don’t know which state you live in so I can’t say for sure that’s what the other driver is doing. Did you contact your insurance company? It’s always important to let your own insurance know of a lawsuit. Most insurance companies do provide free legal representation. Of course, if your insurance carrier will not provide an attorney, then it would be very important to get a lawyer of your own. It’s best to find an attorney that has handled plenty of car accident cases. Remember, the first legal consultation is normally free. Best of luck to you!


  7. I am being sued in civil court for a car accident. I pleaded guilty to lower charges and exempt from a civil lawsuit by the plaintiff suing me. I had auto insurance, is this legal?


    • This sounds like what my brother is going through, what ended up happening?


    • BE MORE SPECIFIC.

    • Christina@4AutoInsuranceQuote


      Hi Fernando, Are you still dealing with this matter? I hope by now everything has been resolved. The short answer to your original question: yes, in most states a negligent driver can be named in a civil lawsuit as a result of a car accident. When you were first notified of the civil case, did you contact your auto insurance company regarding the pending litigation? It’s always important to let your claims adjuster know what is happening in regard to a crash. Most insurance companies do provide free legal representation. Of course, if your insurance carrier will not provide an attorney, then it would be very important to get a lawyer of your own. It’s best to find an attorney that has handled plenty of car accident cases. Remember, the first legal consultation is usually free. Hopefully this whole situation is behind you!

  8. Barbara Richards


    I made a medical claim through a chiropractor who told me that I would have to pay up front or could talk to a lawyer for a letter where they would wait until the suit was done. Another driver hit my friend and I, he ran but soon stopped. An accident report was filed showing him at fault. I found out, shockingly, that the lawyer filed the claim against my best friend and her insurance company. The chiropractor had a form that I filled out and they faxed to the law agency. I did sign it and I did sign another form for settlement. Then I found out all this other stuff. What can I do to protect my friend as I would never have agreed to suing her.

    • Christina@4AutoInsuranceQuote


      Hi Barbara, Were you able to straighten this all out? It sounds almost like there was simply a mix-up by the chiropractor as to who should receive the bill. Did you consult with the lawyer and express your concerns? How did the insurance companies resolve this matter? If the other driver was found to be at fault then it’s hard for him to get around paying for damages. Even in states that assign a percentage to the negligence, it seems the other driver would mostly be responsible for paying your medical claims related to the crash. Please let us know the outcome. Hope you and your friend are doing well!


  9. Had an accident rear ended a car driver got out and ran to another car I was taken to hospital hurt knee and have numerous medical Issues one of which probably was reason I fell asleep at wheel I was covered fir up to 300.ooo for other driver now they want to sue I have nothing and no job I rent and I own nothing have no money for lawyer what should I do

    • Mystuga Paluba


      Stay calm. You are doing okay right. What you need to do is everything you possibly can in this situation. Whether it be doing things to help or performing assistive steps to aid you in your situation. You want to be doing anything and everything that comes to mind that will only benefit you of course. And when it comes to the less important things, consider reinforcement of your efforts through collaboration with others who can help be your “backing” or so to speak. Good luck and I hope this helps, keep me updated.


      • that was of zero help. do everything you can…jee thanks


      • Your only advice to this person was
        “Stay Calm”. Really????


        • I hired an attorney on a contingency basis. You pay nothing up front. They will not be paid if they do not win. However when the claim is paid out they get 1 third of the payment from X auto insurance company. This payment depends on the other drivers policy limit and if they had no insurance then if you have Uninsured motorist coverage, you’d get coverage by your own company for medical bills.

    • Christina@4AutoInsuranceQuote


      Hi Carol, I hope you are feeling much better! To clarify, is your policy limit $300,000? That’s an excellent policy limit and, frankly, much higher than most people carry. Many times the other driver will threaten a lawsuit to see if they can get even more money from the insurance company. In cases where the other driver does file a lawsuit, most insurance companies will provide free legal representation. If your insurance carrier is not going to provide a free attorney, then you should still contact a lawyer in your area. It’s important to meet with an attorney that’s familiar with car crash cases. Remember, the first consultation is typically free. If you are sued and do not have funds available right now to take care of a crash settlement then there are other methods used. For example, your tax refunds can be frozen, your wages can be garnished, and liens can be put on your property (like a vehicle or home), etc. These actions can be taken now or in the future. I hope everything has been resolved and this accident is in the rearview mirror!


  10. I don’t know what to do. I am being sued for a accident that I wasn’t even in. I got a letter in the mail from the police department saying I was involved in a hit & run accident and I need to bring my vehicle and who ever was driving if it wasn’t me driving to the police department. Long story short now in getting letters in the mail from some firm in Texas stating I owe $2900.

    • Christina@4AutoInsuranceQuote


      Hi Jeff, Did you ever sort this out? My first reaction is “this sounds like a scam”. Is it remotely possible that someone did take your car and get into an accident? If not, I would check the Better Business Bureau’s (BBB) website to see if this is a typical scam going on across the country. BBB has a tool on their site that allows you to be on the look-out for cons. Are there any details in the letter such as the specific location of the accident? If there is a specific location then I would contact the policy department in that community to find out more about this alleged accident. Finally, you can also phone your insurance agent or insurance company to find out if they can offer any additional resources. I hope everything has been resolved by now. Take care!


  11. I was in a accident in December 27 it was my faul because I didn’t have enough time or space to stop so I hit the car in front of me and their car is a total lost so I get a call from my insurance telling me that my insurance coverage is only 5000 and it doesn’t cover the other car and if they don’t settle with that and sign their papers they may sue me and i dont know what todo I’m so worry that I have to pay for the rest when I can nearly support myself


    • I am in the same situation? How did you deal? What happen?

    • Christina@4AutoInsuranceQuote


      Hi Rosa, I’m glad you weren’t hurt in this accident! It sounds like the crash was pretty intense. The information your claims adjuster provided is correct. If your policy limits are not high enough to cover the damages, then you will be responsible for the difference. That’s why it’s always best to go with policies offering the highest limits you can possibly afford. Truth be told, most people pick their policy based on the monthly premium cost – the lower the better. So long as there are no accidents then that philosophy works great. It’s when crashes such as yours happen that drivers start to regret not paying a bit more monthly to get higher policy limits. If you are sued and do not have funds available right now to take care of a crash settlement then there are other methods used. For example, your tax refunds can be frozen, your wages can be garnished, and liens can be put on your property (like a vehicle or home), etc. These actions can be taken now or in the future. I hope you weren’t sued and this accident is in the rearview mirror!

      • Tanesha Wills


        Was in an accident you hit the car in front of you that car hits the car in front of them every one pulls over everybody is ok they sau they are fine their cars is ok and everybody drive away can someone sue later on


  12. I’m on the cusp of being sued to the tune of 81,789$. I rear ended the other person because of veiling glare at sunset, wasn’t going very fast. Now hes suing me for whiplash related tinnitus, lost wages, and pain and suffering. I left the insurance company i had during the accident because it became too expensive but theyre still representing me. I have no assets, no money, and no job. What do i do?


    • What happened with your case sane situation don’t have money to pay the law sue


    • Whatever became of this I was in similar with heavy rain

    • Christina@4AutoInsuranceQuote


      Hi Kasandra, I’m sure this matter has been quite stressful. Did your insurance company pay anything to the other driver? Is the other driver just seeking more money beyond your policy limits? Even though you’re being sued for quite a large amount, please keep in mind that the judge will determine what amount is truly fair. So perhaps the judge will decide $81,000 is too much and will instead grant a much lower figure. I’m pleased to hear your prior insurance carrier is providing legal representation. Believe me, they don’t want you to lose this case either! It doesn’t matter if you are no longer one of their customers. Insurance companies don’t like when any case goes to trial. Litigation contributes to regular increases in all of our premiums. If you do not have funds available right now to take care of a crash settlement then there are other methods used. For example, your tax refunds can be frozen, your wages can be garnished, and liens can be put on your property (like a vehicle or home), etc. These actions can be taken now or in the future. I hope everything has already been resolved quickly and fairly.


  13. Involved in a front bumper to rear accident from the side. (Passenger left) No kids or others just one female involved. But no injuries just car damages. And my lady was driving for me because I was falling asleep on the wheel. But I have premium full coverage and the car also has the gap insurance. The only bad thing is she doesn’t have a DL but has had made an appointment and was given until March. Can you please tell me the cons and minor pros? Thank you.

    • Christina@4AutoInsuranceQuote


      Hi Daniel, It’s wonderful that you have such great car insurance, including the gap coverage! Who was found at fault in this accident? Settling any accident claim really comes down to who was negligent for the crash. If the other driver was at fault then you would receive payment from his/her insurance company for your car repairs. You would not be responsible for anything in regard to the damages. If your lady friend was at fault then you have a whole different issue. Was your lady friend covered on your policy (I’m assuming she wasn’t since she doesn’t have a license)? Was your lady friend considered at fault? What was the outcome of this situation? Hope everything is taken care of by now.


  14. The liability for my cat accident was put at 70/30 my fault and now the other driver is trying to arrange payments from me to pay for the depreciation of his car and the cost of a rental. What do I do?


    • Can you describe the incident leading up to this moment in more detail please?
      -Mystuga Chuba

    • Christina@4AutoInsuranceQuote


      Hi Ashlee, How did you end up handling this matter? First of all, I’m wondering what role each driver’s insurance companies are playing in this story. Did the other driver file a claim with your insurance company? If not, why not? It’s best to let your insurance company handle this matter on your behalf. If necessary, you can always contact an attorney in your area to review the other driver’s proposal and provide personalized advice. Be sure the lawyer is experienced in handling car accident settlements. Remember, the initial legal consultation is normally free. Please let us know how things worked out for you. Hope all is well!


  15. I got t-boned by a car that ran over a stop sign
    His insurance found Him at fault at the time I was and uninsured motorists the car belong to my mother in law
    I was going to sale it to one of my coworkers
    But the collision happen…now am in the step to take the car to get Valuated in shop…at the same time the person is suing me, I don’t understand? Can someone
    Please make me understand if am going to fight in court for something that there in insurance all ready determine that he was at 100% at fault…

    • Christina@4AutoInsuranceQuote


      Hi Nelson, I agree that this is quite confusing! Did the other driver’s insurance company pay for the damages to your mother-in-law’s vehicle? All things considered, I suggest you immediately contact an attorney experienced in handling car accident lawsuits. You will need someone that is very comfortable dealing with this type of case. Remember, initial consultations are usually free. Plus, retaining a lawyer may save you lots of money and hassle in the long run. Do you know the grounds for the lawsuit? What is the other driving seeking (what amount and for what damages)? I hope everything has been resolved by now and this accident is in your rearview mirror!


  16. I rear ended another vehicle that was stopped waiting to turn. My insurance lapsed and ended the day before my accident. Tge other girls car is totalled and mine is undriveable due to the damages are way more expensive then I can pay for. I have no job and own nothing except my car and I have a court date for the wreck and driving with no isurance. I’m positive I will get a ticket fir the no isurance but I’m scared to death the other driver will try and sue me. What all will happen to me since I have no assests and no job therefore no paychecks?

    • Christina@4AutoInsuranceQuote


      Hi Kekasmom5, I’m sure this matter has caused a lot of stress for you. What was the outcome of your initial court date? Based on what you describe here, it sounds like you will be financially responsible for the other driver’s vehicle and any medical bills she has as a result of this accident. This means the other driver may move forward with a lawsuit so a judge can determine what is fair. If you do not have funds available right now to take care of a crash settlement then there are other methods used. For example, your tax refunds can be frozen, your wages can be garnished, and liens can be put on your property (like a vehicle or home), etc. These actions can be taken now or in the future. I have worked with customers in a similar situation that decided to file personal bankruptcy. How did everything work out for you?


  17. I was rear ended in February of 2015, I’ve suffered from injuries and am currently working with a lawyer. This past week I was involved in another accident where I was cited. Does this affect my lawsuit? I haven’t ever been at fault for an accident before. I’d really appreciate any guidance.

    • Christina@4AutoInsuranceQuote


      Hi KC, Sorry to hear you were in another car accident! Honestly, this sounds like a question best answered by your lawyer. I can only speculate that this second accident will not influence the first crash case. In the majority of states, establishing which driver is negligent in an auto accident is what influences the outcome of that specific case. In the first car accident, it sounds like the other driver was at fault. Is that correct? If the other driver was at fault then they are responsible for making you “whole” again. To make you whole, you will need payment for repair of your vehicle and money to pay medical bills from injuries. Did everything work out well in your crash lawsuit? Hope so!


  18. I’m suing someone…. I know my attorney, and this old lady hit my car, and kept going!!! Her insurance denied the claim, and to be honest it was like 2000 in damages. My back is somewhat sore.. So i’m not taking any chances i decided to sue her. Her insurance put me through hell… I mean claimed i was at fault when the police report said she was! I don’t have time for games.


    • I was in a similar accident. Get an attorney on a contingency basis. Dont have to pay a penny up front and they handle all of that. Idk of its a little late to begin treatment for your back but its worth a try. The medical bills for treatment and pain and suffering will be paid by her insurance company. Then the attorney usually gets a third of that. If they don’t resolve your case you pay nothing. Cant beat that. Im in love with this attorney so far. Theyre giving me results! I hope the best for your case.

    • Christina@4AutoInsuranceQuote


      Hi ShakenJoe, How did everything turn out with your case? Based on your comment, I can understand your frustration over the insurance company denying your claim. If the other driver was clearly identified as the negligent party then it’s difficult for her (or her insurance) to deny any responsibility for payment. What was the specific reason the insurance company denied the claim? Was your claim amount above her policy limits? Was she driving someone else’s vehicle and not covered by the insurance policy? I’m sure retaining an attorney has made the process a lot less stressful. Hopefully by now you have a satisfactory resolution!


  19. I was in an accident where a driver ran a red light and hit me. The accident totaled both vehicles, they put me at fault for the accident. Now I am being sued by the insurance company I had at the time for the $4,000 some odd dollars that I still owed on the car payment. I have no funds or money to pay for anything. I live in the state of PA, is there any advice (or possible outcome of the situation) I can get?

    • Christina@4AutoInsuranceQuote


      Hi Vince, I’m sorry to hear about your situation. It’s unusual for an insurance company to sue for the money owed the auto finance company. As you may know, insurance companies reimburse their customers for the Actual Cash Value (ACV) or “market value” when a vehicle is totaled. This means they will pay you according to what you could sell the car for today, not the value when you purchased the vehicle new and began financing the loan amount. The discrepancy between those two amounts is why “gap insurance” is sold by car dealerships and insurance companies. This type of coverage is meant to cover the gap between what your standard auto policy will pay and the amount you still owe the lienholder. Until your insurance claim is settled, it’s always best to continue making automobile loan payments on a timely basis. You don’t want to default on the loan. It may seem unfair but you’re legally responsible for paying the full balance owed to the lender—even though you no longer have your car and may need to finance a new one. In these situations, it’s always best to make payment arrangements with the lienholder. Best of luck!


  20. So my mom was at a 4 way stop and she had the right of way and was already halfway past where she was going and the guy from the right stop light rammed into her, but the back part of her car where her right side tire is……Everything was fine, a cop came, said we didn’t have to take down a report and gave us his badge number, everything seemed okay. Turns out, this guy is a jerk and claimed my mom was at fault. We had the same insurance company, they sent a guy out to appraise the car, the guy told is for sure we weren’t at fault. The insurance company til this day still hasn’t claimed who’s at fault but has fixed both of our cars. Again, everything seemed fine, we didn’t car as long as my mom was fine, the car was fine. Come to find out today, the guy is suing my mom for his injuries. How do I go about it because panicking seems to be the answer at this moment?

    • Christina@4AutoInsuranceQuote


      Hi Lucy, Wow! This is a shocking turn-of-events! Did you or your Mom contact the insurance company regarding this lawsuit? Was your claims adjuster able to provide any advice or guidance? Most insurance companies provide legal counsel for free. It does complicate things when the same insurance company represents both parties but you still should ask for free representation. Of course, you always have the option of retaining your own personal attorney. Remember to select a lawyer familiar with car crash cases. The first consultation is normally free. I’m curious as to what’s happened since your last comment here? Hope all is well for you and your Mom!


  21. I backed up in to someone in a parking lot, minor to no damage. But the guy did not fix the two small dents. H did however sell the car, so My question is, Can he still continue his claim for it ?

    • Christina@4AutoInsuranceQuote


      Hi Chris, This is a great question! In many states there is something called a diminished value claim. This is the idea that vehicles which have been in an accident are inherently worth less because the car was damaged. Under this idea of diminished value, the damaged car is worth less even if it’s been repaired back to new. If your state and insurance carrier allows for such claims, and the other driver has sufficient proof of how this accident specifically lowered the value of the car, then the other driver may have an opportunity to collect some cash. The bad news is if the insurance company denies the diminished value claim (despite it being standard practice in your state) then the other driver can pursue a legal case against you personally. Keep in mind, any vehicle assessed at less than $10,000 typically would not be worth pursing such a claim. Also, the other driver must have sufficient proof such as a written trade-in offer from a legitimate car dealership or a professional evaluation from a diminished value appraiser. Hope this entire situation is now in your rearview mirror!


  22. I’m being sued for 5000 I had full coverage at the time of the accident but my insurance company did not accept the other parties claim how am I responsible for this if I had insurance? Why am I being sued and not the insurance company? My insurance company is providing a lawyer what should I do?


    • That’s MY question. I wasn’t even in the car and I’m being sued just by being on the insurance!
      Hoping both our issues get resolved.

    • Christina@4AutoInsuranceQuote


      Hi Carpenter77, Glad to hear your insurance company provided free legal counsel! Were they able to resolve this matter? I’m curious as to the reason the insurance company rejected the other party’s claim. Do you know the reason? Were you the at fault driver? If you had full coverage in place and you were the at fault driver, I’m not sure why the insurance carrier would deny the claim. Obviously your insurance company felt they had a solid reason for denying the initial claim and will use that same reasoning to support you in court. It is very unnerving when you receive a lawsuit despite doing everything right. Unfortunately, lawsuits in crash cases are very common. Based on the details you provided, it seems your insurance company is doing everything they can for you and this will be resolved quickly. Best of luck to you!


  23. Am being sued for a car accident my daughter was in, she was at fault. To my understanding they had uncovered motorist coverage and received a check from their insurance company. My insurance did not cover it cause she was excluded. Now they are sueing my for the cost of the damages and storage. My question is can I call their insurance company to determine if they received a check? Trying to collect as much evidence before going to court.

    • Christina@4AutoInsuranceQuote


      Hi Tessa, You must have been shocked to receive this summons! Has the lawsuit been settled yet? I’m going to venture a guess that the other driver’s insurance company is not going to want to disclose if they issued a check. You can always contact your insurance company for guidance in dealing with this case. In fact, most insurance companies will provide legal counsel for free. I hope you were able to get such assistance from your auto carrier. Based on your comment, it doesn’t seem the other driver has much of a case against you personally since you did not cause the accident. In all honesty, it would make more sense if the other driver filed a lawsuit against your daughter since she admittedly was at fault. However, if the other driver filed a claim under their own uninsured motorist coverage, there is no need to sue anyone for any additional money. The uninsured motorist coverage is in place to cover damages from an at fault driver with no insurance. Hope everything has been resolved by now!

  24. Ivonne Rodriguez


    I had an accident a year ago . We were in stop waiting foe the light change and when cars start moving he did not move. Unfortunately I hit the car so simple an small scratch and nothing to my car. I called the police wuen they came they did not make any police report since it was minor and both of the drivers were talking outside the car standing and nothing relevant happened to our cars. I have ALLSTATE and now I received a notification that the other driver were out of limits of my policy and they are going to sue me. What is the est thing to do.how this can happened without a police report, and My Allstate insurance keeps telling me it is not a big deal. We all know the other driver is trying to take advantage of the whole situation, should I hire another lawyer?..I don’t want this situation continue escalate at the level I cant protect my little assets since I am a single mother providing for my family and I dont think my insurance is doing a good job protecting me. Please advise


    • How did your situation turn out? I am having the exact same thing happen to me, minor accident. Car didnt move and i bumped her, got served today for summons to court.

    • Christina@4AutoInsuranceQuote


      Hi Ivonne, This situation must have been very stressful. Was Allstate able to provide you with free legal representation for this lawsuit? Or did Allstate negotiate a settlement with the other driver to avoid court? It’s unfortunate the police came to the scene but did not complete an accident report. The crash report is so important in establishing negligence which then helps determine how best to resolve matters like this one. What do you mean when you write the “other driver were out of limits of my policy”? Do you mean the other driver’s damages are higher than your policy limits? If so, this may be why the other driver decided to take you to court for the remainder of their alleged damages. It’s always best to purchase the highest limits you can reasonably afford or to purchase an umbrella policy to cover your personal assets, in case of a situation like this one. Medical costs and vehicle repairs only go up each year and you want to be sure the coverage you have will always be sufficient. I hope Allstate was able to take care of this for you.


  25. My grandma was in an accident a couple months ago where she was not at fault but she was given the ticket. The cop claimed to be going by what a witness had said but damages clearly show the opposite. While my grandma was being written the ticket for no reason, the cop quickly lost focus as he got a radio call apparently notifying him the guy driving in the other car had a warrant for his arrest…mind you he had no liscense or proof of insurance to begin with. The cop quickly just handed her the ticket and left after the man as he was being taken to the hospital in an ambulance. My grandma called my mother and we arrived on the scene to take her to the hospital to have her head checked out and patch up some minor scratches. Fast forward till about yesterday my grandma is notified that her insurance is being sued for $100,000 by the guy. How. Is. This. Possible. Damages clearly show who’s fault it was but cop was very irresponsible and did not have a care in the world, sense of an racial issue but that’s another story. I just want to know how can a guy with an arrest warrant and no insurance and no liscense be sueing my grandmas insurance for 100,000$….someone explain this to me.

    • Christina@4AutoInsuranceQuote


      Hi Jasmin, Hope this lawsuit has already been resolved! Did your grandmother ever have the opportunity to fight the ticket in traffic court? If so, what was the outcome? Obviously the main focus of a crash case is really making the negligent party pay for the damages & restore the other driver to being “whole”. So if you grandmother was found negligent in causing the accident then she would be responsible. The other driver’s legal issues typically will not change that fact. It sounds very odd to me that the other driver filed a lawsuit without first filing a claim with the insurance company. Do you know if the other driver did file a claim with your grandmother’s insurance? This driver may have gone directly to a lawsuit once they learned the limits on your grandmother’s auto insurance policy. By threatening a lawsuit, the other driver may be hoping the insurance company will pick up the phone and negotiate a settlement (for an amount higher than the policy limits). I hope by now this matter is settled.


  26. I recently got into an accident where someone t-boned my car. Apparently they are trying to switch it onto me for it to be my fault and saying “I cut out in front of them” and now I am being sued for injury exspenses, however the girl did not go to the hospital and I have evidence that she danced in a dance competition 4 days after the accident. Will the case in any way be able to be dismissed?

    • Christina@4AutoInsuranceQuote


      Hi Isabella, What is the latest update on this lawsuit? Based on what you describe here, I would recommend obtaining a copy of the police report. The accident report usually goes a long way in determining negligence. I also would recommend working with your insurance company regarding this situation. The majority of insurance carriers will provide legal counsel free of charge. By the way, you stated the lawsuit was for the other driver’s personal injuries. How was the damage to the cars remedied? Did your insurance company pay for the other driver’s vehicle repairs? I hope all is well and this case is already in your rearview mirror!


  27. I had a question if anyone could possibly help answer. My mother was involved in a minor accident a month ago, where both cars were backing out of parking spaces at the same time and hit eachother’s bumpers. The other guy did not want to call the police to file an accident report, so they exchanged information and left. My mother’s insurance company determined that it was a word vs. word scenario, and that it would be a No Fault claim, where each party goes through their own insurance to cover the minor damages to each ones bumper. We thought that was the end of it, until she recently got a visit from the other guy involved in the accident, and he said that he was going to sue her through small claims court, because her insurance determined that it was No Fault word vs. word and they were not going to be responsible for his damage on his bumper. Does he have an actual case for the small claims court.? Or is this something that she should not worry about too much, because she went through all the proper steps regarding contacting her insurance and letting them make the determination.? I guess my main question is,. Could he still legally sue her for the damage to his bumper, even after her insurance company made the final decision that each party would be responsible for their own vehicle damage.? Thank you.

    • Christina@4AutoInsuranceQuote


      Hi Bryan, I hope your Mom shared the other driver’s threat with her insurance company. This is something they will want to know. Also, if it hasn’t happened already, Mom should also give her claims adjuster the other driver’s insurance information. The claims adjuster will want to follow up with the other driver’s insurance to further discuss this matter. Unfortunately, it is possible the other driver will simply go to an attorney to file a lawsuit. On a positive note, Mom’s insurance will most likely provide her free legal representation. I hope this matter is resolved quickly. Best of luck to you and your Mom!


  28. Was in a car accident and was sure I only hit my friend in front of me. But a third party is sueing and not sure what to do. The police then said that third party car has my paint and my friends paint on their car, but they haven’t contacted my friend, only me. What do I do now?

    • Christina@4AutoInsuranceQuote


      Hi Ky, This must have been quite a surprise! I’m wondering how the police would even know your paint is on the other driver’s car? Were the police called to the scene? If so, what does the official accident report state? If this situation continues to escalate, it may then be time to contact your own insurance agent (or go directly to the insurance company) to make them aware of what is happening. Your insurance company will be able to find out more for you and, if necessary, work with the other driver’s insurance company. I hope everything is resolved fairly and quickly. Good luck!


  29. I was in a car accident last November. The next day I found out I was excluded from my dad’s policy.I was at fault and got a ticket for failed to yield.I decided to fight the ticket and it ended up being dismissed due to lack of evidence. But the person that was driving the other car had no license and got arrested after the accident. But now I guess the owner of the car is trying to sue me for damages.Are they able to sue even though the person driving their car didn’t have a license and probably wasn’t covered on their policy?

    • Christina@4AutoInsuranceQuote


      Hi Confused, The simple answer is yes. The other car’s owner has a right to be compensated for the damages caused by another driver’s negligence. Although your ticket was waived in traffic court, when it comes to a car accident case, you are still on record as being the at fault driver. The initial citation that was issued at the scene, the police report on record, the nature of your state’s highway laws are all factors that contribute to determining negligence. Even though the friend absolutely should not have been driving without a license and proper insurance, the other car’s owner is basically saying the friend’s actions that particular day did not cause this specific accident. I’m sure you’ve retained legal counsel by now to represent you in this case. Depending on the laws in your state, maybe your attorney will be able to minimize the damages. It’s a very unfortunate situation and I hope it is resolved fairly.


  30. I want to know if I was hit in the back by another driver he asked if we could just exchange insurance info and not get a police report because he didn’t have license but he gave a different version of events to his insurance company so they ruled the case a one word against another!! Now his insurance company is saying I’m at fault! Can this be if the were no witnesses and no police report and they didn’t want to pay for my damages so they said the story’s didn’t match! Can I be liable just because I didn’t have insurance even though he ran in the back of me in the state of Florida

    • Christina@4AutoInsuranceQuote


      Hi Lekita, It sounds like the issue isn’t that you are actually liable because you had no insurance. The issue is that the other driver knew there was no police report or witnesses to say what really happened. Unfortunately, you have nothing to present that will counter the other driver’s story. So now what? If you have not already done so, please contact an attorney to review the case. You will want to be sure you have someone on your side to navigate this situation. Be sure the lawyer is experienced in dealing with car accident cases. Best of luck to you!


  31. here it was happened, my friend “A” rented a car to come to falls from cincinnati. He was with his friends & cincinnati being a long drive from falls while they entered in NY near buffalo downtown, he let one of his friend B drive the car (unauthorized driver as per rental) .

    In one of exit’, this new driver “B” thought to go thru the exit & then changed his mind came back to lane. the car behind him “C” has to go thru a sudden brake & he “C” touched the curb & his car got damaged.

    The car rented by my friend “A” has no issues as there was no collision, they stopped called the cops to help the guy.

    Now there was no claims from my friend “A” as there was no accident or damage on there end, they informed about this incident to rental company too.

    Currently rental company denied the claim for the other “C” party, for us we just wanna make sure we are ok.

    • Christina@4AutoInsuranceQuote


      Hi Sudhanshu, It’s best to find out more about this matter. Do you know if there’s a police report on file for this incident? If so, did you obtain a copy of the report to review? A police report will often indicate who, if anyone, is considered at fault for the accident. Do your friends have a copy of the rental company’s denial letter? If not, I would suggest Driver “A” contact the rental company to obtain a copy. It’s important to know what specifically the rental company advised Driver “C”. I recommend your friends do some more investigating to determine what, if anything, may happen in the future. Take care!


  32. Hi please assist 2 years ago was involved in accident. We were at robot waiting for green light and was driving in middle lane of three lanes. When light went green all cars took off. Within less than 20 seconds the car from left lane changed into my lane and closed my following distance and immediately he applied brakes. And since my driving following distance was taken by time I apply brakes was too late and I bumped him from the back of his car. Then he asked me to pay his access because he was deny he was wrong and was student not working. So paid him access money. Today the insurance sue me.

    • Christina@4AutoInsuranceQuote


      Hi Thabi, It sounds like maybe the other driver didn’t tell his insurance company about the money he already received. How did you and the other driver arrive at an amount to be paid? Did you retain proof of the payment you made to the other driver? Does your own insurance company know about this crash and the pending lawsuit? If not, please contact your insurance company to fill them in on what’s happening. Your insurance carrier may contact the other insurance company to work everything out over the phone. If the lawsuit moves forward then your insurance company may be able to provide a lawyer for free. In the worst case scenario, you will need to find your own attorney to represent your best interests.Hope this matter is resolved quickly!


  33. On march i was at a stop light n there was a car infront of me n my foot slipped from the brake so i accedently hit the car infront of me so i pulled over to talk to the lady i didnt have insurance at the time to expensive but i didnt hit her car that hard now i owe the insurance comlany 927 dollars i believe i have health problems i cant pay it what can they do

    • Christina@4AutoInsuranceQuote


      Hi Leslie, I’ve heard very similar stories from so many people. You are not alone! Nowadays it doesn’t take much to have a costly repair on a vehicle even if the damage seems minor. Overall vehicle costs keep going up and so do repair charges. This is the reason liability insurance is necessary. It covers the “other drivers” damages and helps the at fault driver from paying a big bill at the time of an accident. In your case, I would suggest you take the insurance company’s letter to your attorney for review. If you don’t have a lawyer then look for one in your area that is familiar with car accident cases. The first consultation should be free. An attorney will be able to go over your rights and responsibilities. Please don’t ignore the bill because it will eventually come back to haunt you. For example, you could be sent to collections, have your wages garnished, liens put on your property, tax refunds frozen, etc. To avoid that nightmare, reach out to an attorney in your community that will be able to point you in the right direction. Best of luck to you!


  34. I was in a car accident dec 2015. I was the last car in a fraudulent swoop and squat. The first car was a temp plate. The second car, was a brand new sports car. The third car in front of me, was a car that was not hers and had no ins with 2 kids. Her and the car in front both lied about the order of the cars hitting and the ins co. Did nothing about it. I’m in Texas with a lot of bs politics going on. People using connections and so forth to make lives miserable. I kind of believe that the ins co i had may be in on the scam. a few months after the accident, I received a letter saying the settlement from them may not cover the amount of what they’re asking for and i may want to get a lawyer. I called the ins co, they never answered the line once i was put on hold and I never heard anything again. Lately, all my abounds are getting messed with. I paid $400/mo for car ins for 1 1/2yrs and finally cancelled because the were illegally overcharging me. (Discrimination) Now they are trying to send a bill to collections for $342 When they didn’t cancel my policy out of their own fault. Then my new ins co starts screwing with me, trying to get my policy to cancel in order to increase my rates. It’s just total harassment. I can barely live. I still have had no indication in the correct manner that this is from the accident but i can’t get an answer out of anyone as to what it is.

    • Christina@4AutoInsuranceQuote


      Hi Deanna, It sounds like you have a few different challenges happening. First, do you have an insurance agent that signed you up for these different policies? If so, call your insurance agent to go over everything that’s happened with the accident and your concerns with the insurance companies. Your insurance agent is responsible for so much more than simply selling you the policy. Insurance agents are your resource in all insurance matters and may be contacted at any time for help. Second, I hope you have been keeping notes on when you called the insurance companies, who you spoke with there, what you were advised, etc. If you could not get through to anyone then you should note that as well. Try reaching the insurance companies via email, fax, and regular mail too. Document, document, document. If there is still no resolution, the next step is to contact your Department of Insurance. Every state has a Department of Insurance which includes a consumer division for complaints such as yours. The Texas Department of Insurance can be found online at https://www.tdi.texas.gov/consumer/index.html. Hope everything works out for the best!


  35. i was in a car accident and the other driver almost t-boned me – hit my front right bumper & tire. i was smart enough – due to past experience – and grab a witness at the sense and asked him to call the police for me and i also got him wrote his phone number and he was so nice and even wrote down the other driver took the red. i just received the police report. Policeman who handled the accident called my witness and included the witness statement in the report saying that the other driver went into intersection when she had the red light. now she is trying to sue me. is it possible? does she even have a right to sue me when she run the red light and almost t-boned me? thanks and any feedback will be much appreciated.

    • Christina@4AutoInsuranceQuote


      Hi Jeanne, Good job identifying a witness at the scene of the crash! Were there tickets issued? Did you both have to appear in traffic court? In any case, I suggest you contact your auto insurance carrier right away. You will want to let the insurance company know you are being sued by the other driver. The insurance company will tell you if they can provide free legal counsel. This is a very common practice. If the insurance carrier will not set you up with an attorney, please obtain a lawyer on your own behalf. You must protect your best interests. It’s very possible a few phone calls from your attorney to the other driver’s legal counsel will help this whole situation go away. Yes, it can be aggravating to pay for legal fees but it may save you a lot more money and time in the long run. Best of luck!


  36. Hello 2 years ago I let a friend of mine borrow my car. She ended up backing into someone that night but I was not involved or even anywhere near where she was. Now I am getting contacted about me paying for the damage to the vehicle because she will not answer the collection agencies phone calls and myself and her no longer speak. Is there anything that I can do to avoid paying for her mess up??

    • Christina@4AutoInsuranceQuote


      Hi Lukas, It’s very sad when things like this happen with friends. I am wondering a few things about the situation. Did the other driver file a claim with your insurance company? Was the claim paid by your insurance carrier? Or did the other driver file a lawsuit against you, your insurance, and/or your friend? Who is asking you to now pay for the crash? In any case, it seems the other driver’s attorney may be trying to shake you up so that you’ll push your friend to begin repaying the damages. Of course, there are always remedies for the other driver such as having a lien put on your friend’s property, garnishing wages, zapping tax refunds, etc. If you weren’t initially held responsible for the damages, I would not be too worried. However, it is always best to reach out to an attorney for advice and assistance, if needed. Hope everything works out well!


  37. Same situation I am in. In 2011 I was involved in an accident and I was guilty one. It was on a Friday and traffic officers told me and the lady to fetch the accident report on monday and we agreed to talk about the costs on monday… sje didn’t show up.

    Few later, her insurance call me about the repairs and told me about R16 000 for bumper, lights, number plate, radio.
    I called the lady to find out why didn’t she consult and she told me she decided to take the car in to insurance and was expecting it in few days.
    Months later I got served R19 000 summons which I find that the towbar was included in the qoute and they seem to have chosen the most expensive panelbeater in town.

    Now I don’t know what to do as I have to appear on court with my income and expenditure.

    How do I get through with this?

    • Christina@4AutoInsuranceQuote


      Hi Papi Mahlatsi, I believe your comment says the car accident happened in 2011 and you are still appearing in court over this same accident. Is my understanding correct? Why is this case still in litigation 7 years after the crash? In reading your comment, I would have advised you back in 2011 to contact the car insurance company you had at the time regarding the situation. I still recommend you contact your insurance company (from the time of the accident) to find out if they will provide free legal counsel. If not, you should immediately talk with an attorney in your area regarding the circumstances of this accident. It sounds like you certainly need legal advice to protect your own interests. Be sure the lawyer you retain has plenty of experience in car accident lawsuits. Hope everything works out for the best!


  38. About a month ago i got into a wreck the cops said it was my fault. However i went to court for the ticket and they “waved” the ticket. I just received papers about the other party is trying to sue me. If the judge already threw out the ticket can they sue me?

    • Christina@4AutoInsuranceQuote


      Hi Cason, Yes, they can sue you since you were at fault. I understand the judge waived your ticket but you still are considered the party responsible for the accident. It’s odd that the other driver went straight to a lawsuit. Do you know if the other driver ever contacted your insurance company regarding the accident? If so, what happened with the claim? I would recommend contacting the insurance company you had at the time of the accident. You will want to let the insurance carrier know about the lawsuit. In many cases, your insurance company will provide legal representation for free. If all else fails, then you will need to obtain your own attorney. A lawyer that’s familiar with car accident cases will be able to review your specific accident details and provide more advice as to what to expect next. Best of luck to you!


  39. My daughter was at fault in an accident almost 2 yrs ago. Allstate has offered a settlement to the other driver 7 months ago but they have yet to reply. The amount they originally asked for was outragous. Statute of Limitations are up in 3 weeks.. I’m terrified they won’t settle and will she us. Daughter was 16 at the time if accident, now is currently in college. Curious what these people are up to. The adjuster says he’s been trying to contact their Atty. I’m praying the next 3 weeks goes fast because I won’t be sleeping! Ugh

    • Christina@4AutoInsuranceQuote


      Hi Jacki, The good news here is that your daughter is covered by a really solid insurance company. Sometimes attorneys use this stall tactic to get the claims adjuster to maximize the payout amount. The attorney figures the claims adjuster is anxious to close the case and if enough time passes then the claims adjuster will offer a higher amount… simply to have the claim file off their desk. Of course, I understand your concern. If the attorney isn’t getting what they feel is a satisfactory settlement amount then they may decide to move towards litigation. In those circumstances, the attorney feels their client can get more money by avoiding the settlement and taking the matter to court. What was the final outcome of your daughter’s settlement? I hope everything worked out well!


  40. My daughter was involved in an accident in 2017 (Florida) which she was at fault. She was 21 at the time and everything including the insurance (100k policy) is in her name. The guy sued her insurance and they did not pay him what he asked for. He says he is disabled but I have found a ton of evidence he is go carting, riding atvs and working as a mechanic. He has now filed a civil suit against her. How should she proceed? Will the insurance company represent her?

    • Christina@4AutoInsuranceQuote


      Hi Rachel, This should be an easy fix. Simply have your daughter notify the insurance company she had at the time of the accident about the pending civil suit. Yes, the majority of insurance companies will provide legal representation. I wouldn’t worry too much about this suit. Based on what you advised here, this lawsuit may go away very quickly….especially if the insurance company gets involved. If, for some reason, the insurance company declines to represent your daughter in the civil case then she’ll need to obtain her own attorney. Of course, I’m sure the insurance company will be a very helpful & strong “witness” on your daughter’s behalf. Good luck!

  41. Kyle Mantle- Noxell


    I was hurt in a car accident I’m my mom’s car it was other persons fault this person also drove off when his vecheil wasn’t drivable my mom’s insurance wants to give me money to sue the persons insurance company is this possible or is is a tatict for them to get me to settle

    • Christina@4AutoInsuranceQuote


      Hi Kyle, Sorry to hear you were hurt in an accident! How extensive are your injuries? Is the medical care and cost you require in excess of the policy limits? If the answer is “yes” then it seems the insurance company is actually looking out for you. The insurance company may want to be sure all your medical expenses are covered even beyond what your Mom’s policy provides. Also, if the other person is at fault, he really should be paying for your injuries and not your Mom’s insurance company. Yes, your Mom has the policy in case of an accident but, in reality, we each carry insurance mostly for the “other” driver and the “other” vehicle. Drivers such as the one that hit you should be responsible for the damages they cause. I hope you are feeling better soon!


  42. I was involved in a car accident a year and half ago,I was in stop sign ,when I proceed to go ,the other car was speeding and hit all my front ..my car was total, I was pregnant by the time ,now he trying to sue me .supposely is at my fault Bc I had the stop sign .but he was the one speeding and he was 17 …what should I do now ..?

    • Christina@4AutoInsuranceQuote


      Hi Diana, I hope everything went well with your pregnancy. This must have been very scary! Were any tickets issued at the time of the accident? Did you have insurance at the time of the accident? If so, please contact your insurance company and provide them with information about this lawsuit. In most cases, the insurance company will provide legal counsel to represent you. If you are not able to get assistance from the insurance company then you will need to obtain an attorney. A lawyer that’s familiar with car accident cases will be able to review your specific accident details and provide more advice as to what to expect next. Best of luck to you!

  43. Heather FergusonFergusonm


    My husband and I were backed into causing damage to his roommates car. The car was considered a total loss. The other drivers insurance paid on The claim for about half the amount of the estimate. He is now turning around and suing.my husband. Can he get paid twice?

    • Christina@4AutoInsuranceQuote


      Hi Heather, Wow! This is a pretty shocking turn of events! The bottom line: if your husband’s roommate was dissatisfied with the outcome of his claim then he should be taking it up with the at-fault driver. Based on what you’re describing here, I can’t understand how or why a lawsuit would be filed against your husband. You’re going to need to obtain an attorney to represent your best interests. Be sure the lawyer is comfortable with handling car accident cases. In my personal opinion, it seems a few phone calls between attorneys could make this whole suit go away. Best of luck to you and your husband!


  44. I was in a car accident this past summer. I received notice that I was being sued. Accident was my fault. Reckless driving ticket thrown out and dismissed in court the to Sun being in my eyes, that is what caused me not to see the other vehicle. Car was insured in my Uncle’s name and I was a driver listed on the policy. I have since gotten a another vehicle and another insurance company of my own. What can I Do? No assets.. what do I do?

    • Christina@4AutoInsuranceQuote


      Hi Ronda, This is a pretty straightforward situation. You and your Uncle should contact the insurance company that was covering the vehicle at the time of the accident. You will want to notify the insurance carrier of the lawsuit. In many cases, the insurance company will provide legal counsel to you as a covered driver. If, for some reason, the insurance company does not provide legal counsel then you will need to obtain an attorney to represent your best interests. Make sure the lawyer you select is familiar with car accident lawsuits. Remember, the first legal consultation is usually free. Good luck!


  45. My son and i were in an accident 2years ago the day before 2yr. Limitatiins they filed suit against my son myself and insurance company. In the accident they cited my son i think mostly because i let him drive without license just missed getting permit by one point. They said he didnt stop at stop sign which he did he was slow moving and had not turned wheel strong enough i told him to turn wheel more and press gas cuz i seen oncoming car proceeding fast that she was gonna hit us which she did back passenger fender. I felt they only cited us because he had no permit or license yet . i also think that because i had damage to front part of car that was previous damage from accident i was in where i hit ice and was in a ditch a report was taken then no other car was involved that time.. But to me she failed to control her motor vehicle and was going to fast at time to stop. My insurance would not cover accident. But she was pd through her insurance company at any rate not sure what to do.. Was sent papers by her attorney but keep getting papers from insurances attorney dont know if they are representing me or should i get lawyer too for me and my son

    • Christina@4AutoInsuranceQuote


      Hi Karen, I recommend you contact your insurance company to confirm with the carrier their position on the lawsuit. You want to know for sure whether they are willing to represent you or not. To be totally honest, it sounds to me like they may not represent you since your son was not a licensed driver and was not on the insurance policy. So the next step is to retain legal counsel for you and your son. You will want to be sure the attorney is very experienced in handling car accident lawsuits. It’s very important to get someone in the game that’s on your side and representing your best interests. I would not panic because most of the time, when there are so many different parties involved, these situations can eventually be resolved outside of a courtroom. Hope everything works out well!


  46. Ok on 4-20-2017 I was going to pick my daughter up from school I did rear end a vehicle no air bags came out no seat belts locked up but did over $7,000 worth of damage to my front end I was hurt the man came to my window seen me yelled to his wife to tell a ambulance to hurry I was hurt bad they had to pry doors open to get me out the passenger of the car drove themselves to the hospital and he got 3 stitches , I had payed off my vehicle that morning I had full coverage and the paid me about $3,000 for my vehicle today 5-2-2018 I was served with papers from geico the other persons insurance for $11,000 the cost of their deductible and the rental car and the cost to fix there car . How can I be sued when I had full coverage how can they sue me ? I know it was my fault but why pay for full coverage if you still have to pay for the damage to the others car I live in Florida and don’t know what to do,I don’t work my husbands truck is paid for and in both our names can they take that? Can they go after his pay for the wreck his name was not on the vehicle I wrecked HELP!

    • Christina@4AutoInsuranceQuote


      Hi Misti, Receiving the papers from Geico must have been very upsetting! Please don’t panic. You should immediately contact the insurance carrier you had at the time of the accident. In fact, I would recommend directly contacting the claims adjuster you worked with on the original claim, if possible. He/she will most likely want to review the legal documents you received. It sounds to me like Geico may never have even notified your insurance carrier of the other party’s claim. Give your insurance company the opportunity to help you. In fact, many insurance companies will even obtain legal counsel for you. Now, if you run into roadblocks with your insurance carrier, then your next step is to find your own attorney specializing in car accidents. The attorney will be able to review the entire matter and look for ways to protect your interests. Remember, the first legal consultation is usually free. Best of luck to you and your family!


  47. I backed up into a car that was illegally parked behind me in the middle of the street of where I live at there was just a small dent on the rear driver side and now there suing me because my mom has me on her insurance but won’t cover anything if I ever get in an accident what can my consequences be I have no money

    • Christina@4AutoInsuranceQuote


      Sorry to hear about this situation! To clarify, are you stating you are NOT on the insurance policy at all? Or is it that Mom refuses to file a claim? In any event, if you are found to be responsible for covering repairs (and have no insurance to cover the repairs) then, in most states, courts can garnish future wages, any future tax refunds, put liens on any property or possessions you do own, etc. My suggestion is to contact an attorney to review your specific circumstances and receive personalized advice. Be sure the attorney is experienced in car accident cases. Remember, the initial legal consultation is usually free. Good luck!


  48. My accident occurred on Nov. 3rd 2017. I had a green light and someone made an unprotected left turn in front of me. Both cars totaled. I was fine, not even a scratch but the other vehicle had three passengers with at least two having injuries (I know of at least two broken bones with the passenger). My insurance policy was for $100K per person. The police report sites the other driver as “inattentive” as she stated she wasn’t sure if she had a green arrow or just a green light. My insurance company said it wasn’t my fault and no deductable needed. I got my money from them while they pursued the other insurance company for payment. However, the other vehicle’s passengers got a lawyer and now he story is that she said she had the the protected green light (i.e. making it a he said/she said since there were no witnesses). Now it looks as though it is a 50/50 fault (even though I know it wasn’t). I get an update from my insurance company stating they will pay two of the three my limit of $100K each and the thrid is to be determined. What I’m concerned about now is them suing me for more. I was told some months back they were seeking more than my policy so I’m expecting a suit to follow. The most frustrating thing, I am told the police report is inadmissible in court as the police weren’t there so it doesn’t matter what they wrote. Frustrating.


    • Chris, how did it turn out for you? I was told 50/50 fault and the case was closed. But then, the case has been reopened (because of his insurance company I’m guessing?) and now, my insurance company is telling me I’m at fault. I’m unsure what to do (the other guy is claiming upwards of $100K which is ridiculous. He rammed right into my 7 year old’s door and she wasn’t hurt. Ugh!

    • Armando@4AutoInsuranceQuote


      Hello Chris,

      Sorry to hear this is happening to you. In this case your insurer should afford legal counsel to defend you and your rights. At this point, it doesn’t seem to me like they’re achieving that as well as they could be. Perhaps you should consider consulting with and retaining a personal attorney who may have more incentive to protect your interests. All things considered, you may even have grounds to file a counter-suit. There are circumstances where a police report can be made to be admissible in court. Were there any cameras nearby at the time of the accident which may have captured it on video?


  49. I started to read through the comments above and will continue later when I have more time (very good feedback).

    I was in an accident in 2015 in MA. Nobody hurt, no fault determined. The case was closed last summer. But now it is reopened and the other driver is suing me. Now, my insurance company says I was at fault (but I was told I wasn’t found to be at fault when this case closed last year). My insurance company told me to get a lawyer to protect my assets. I’m a little concerned that the problem is with my insurance company (they have my partner down as the driver but I was. The lawsuit is against my partner so this all seems really confused). My insurance company seems very confused and it’s possible that the other driver put in a claim a long time ago but that my insurance company missed it. They don’t seem to be investigating this accident very thoroughly, for example the other driver claims excessive injury, but he hit us–directly where my 7 year old was sitting. No injury to her. He has photos of himself all over the internet carrying giant heavy objects above his head in a machismo way. He was able to drive his car away, and I was able to drive mine away. He also has photos of a prior accident and surgery (hmm). This all seems very unbelievable to me but my insurance company is telling me entirely new (and unbelievable) information. Where do I begin in trying to sort this out?

    • Armando@4AutoInsuranceQuote


      Hello,

      Your insurer generally has a responsibility to defend your rights. However it would seem as if the other attorney has provided them with sufficient evidence to redetermine fault. I would definitely consider their suggestion of consulting with an attorney. When and if you consult with an attorney, I would suggest you discuss the possibility of a claim of bad faith against your insurer as well based on the circumstances. There is typically a statute of limitations for filing a claim stemming from an auto accident, this is something you would want to discuss with as well.


  50. I was recently hit by a minor, who was found at fault. His insurance is terrible, and covers 10k (20k max) per accident. I have over 400k in medical bills from him hitting me head on. His parents threatened bankruptcy, and we ended up settling for the 20k limit on insurance… Which means, I walked away with nothing and medical bills. The state of FL has horrible insurance laws, and they do not protect the victim at all.


  51. Hi! I was involved in an accident a year ago and the mother and daughter that was in the truck that hit me are suing me. The accident was ruled my fault(I pulled out in front of them) and I had the state minimum requirements with my insurance. I go in a month for my deposition. If it’s an outrageous amount, could I tell them at my deposition, that I will have to file bankruptcy because I cannot pay? Also, is ky lawyer allowed to tell me how much they are suing me for? I just really need advice because I have been worrying about this so bad! Any help I would appreciate! Thanks!!!

    • Armando@4AutoInsuranceQuote


      Hello Kayla,

      Sorry to hear about this situation. It’s possible you’ll have the option to file for bankruptcy, just know that the court will likely fully investigate your circumstances and all of your assets to be sure you can’t pay. Have you let your insurance company know that you’re being sued? You should right away if you haven’t. As part of the coverage, insurers generally have a responsibility to defend their insured’s interests in court regardless whether the accident was your fault or not. Oftentimes, insurers are able to settle within the policy limits as collecting from an individual can be a tedious process.


  52. I was involved in an accident on the freeway in February of this year. The car in front of me stopped abruptly and I rear ended the vehicle, who in turn, rear ended the car in front of him. The claim appeared to be settled with only the middle car having claimed damages through my insurance. However, I just got served by the first car who did not even give a statement to police at the time. They had a passenger in the vehicle who is also suing. (I was served twice this week) My insurance has offered little to no comfort regarding the situation. I am unsure of what consequences I am looking at or if I have anything to worry about. Any advice? I am in California, by the way. Thanks!

    • Armando@4AutoInsuranceQuote


      Hi Sarah,

      I understand how stressful this type of situation can be. Hang in there! Vehicle pile-up insurance claims are typically processed on a first-come, first-serve basis. Since both of these claims stem from the same accident, your insurer will apply the same limits for both. Meaning that your insurer will process the claim and if they determine they should pay out, they will only do so up to the policy limit. You should speak with your insurer about the lawsuit and discuss with them about having a defense counsel assigned (at their expense). If the case is settled above your policy limits, you may be responsible for the difference.

      Good luck.

  53. BrokeandDesperate


    I was in an accident just a week ago. I was driving on a highway access road trying to get to the interstate with 2 passengers. It was a three lane highway with an exit lane on the right. I was in the 3rd lane when a vehicle in the exit ramp forgot where it was going and jumped into my lane. I didn’t have the recommended stopping distance because they cut in front of me. I attempted to slow down, but I knew I would not slow down fast enough. I checked the lane to my left and there was NO vehicle! I put on my blinker and began to change lanes. The next thing I knew a van is digging into the rear driver wheel and continued to accelerate dragging the rubber on it’s tire across the driver side passenger door. I attempted to detach from the van and return to my original lane as the car that originaly cut me off starting the whole thing had accelerated off. I lost control of the car and my vehicle spiraled into the guardrail and bounced back into the exit ramp lane before finally coming to a stop. The van stopped 1000 ft away with minor damage to The passenger side front and by the wheel. I reported the car that cut me off to the cops and they said that the accident could not be proven to be started by a phantom car. Even though I had a witness to my story from another car. Now I have whiplash and other neck injuries as well as my passengers. The car was my boyfriend’s and it’s totaled. I just found out that the driver of.the van is sueing me for loss and damages due to injuries…..and I found out my insurance didn’t have bodily injury anymore when I transferred to my boyfriend’s insurance… they are suing him too because it was his car. I just declared bankruptcy last year. I have no assets. His only asset is our other car to get to work. And to top it off I found out two days ago that the end of the month I am out of a job because my dept closed at the office I worked. Not to mention i have over 40,000 in student debt and no retirement savings…can you really be sued for money you don’t have? And does a 10+ year clean driving history really mean nothing?! I’m full of mixed emotions and worried I’ll be out on the street because of this….was already barely making it from paycheck to paycheck….

  54. John Alexander


    I was at fault in a car accident. At first, just car damage on both cars. Later, a passenger in the other car complains that she had to be treated for whiplash due to de airbag deployment.
    They got a lawyer and my insurance company received an offer for settlement if they payed the full liability amount that I have on my policy. They refused to agree to it, and now I am being sued.
    Being that the settlement offer was made, and my insurer didn’t take it, could I still be responsible if by any chance the suit goes above the maximum liability I carry ?


  55. Not a comment, more of a question as well.
    looking for information, maybe someone can direct me to the correct place.
    I have a daughter who caused a DUI, she was completely at fault, plead guilty, received 7 years in prison. now a year later she is being sued after the case was completed, after restitution was set. apparently there is a time limit to keep adding restitution to a case. does anyone now the first step I can take to resolve this?
    insurance is paid for a reason, yes she is at fault, doing time.
    any HELPFUL comments or suggestions are appreciated.


  56. good day, i was involved in a car crush, i have no insurance, no body was hurt, i did not report the matter t the police and now the other driver is suing me. please advice on what should i do? thanks


  57. Hello,

    I recently got into a car accident that involved a biker. I was turning left on a blinking yellow and was focused on the cars that were merging into the same road but the were coming from the opposite direction. I didn’t realize I hit the biker until I heard a noise and the glass of the passenger side broke. The biker also hit another car during the accident. The police officer and I have claimed that I was at fault. I will be pleading guilty during my court trial but was wondering what would happen to me. Will I be sued by both people who were involved in the accident?

    I work a part time job that pays minimum wage and I’m also a full time student but I don’t have that much money in my bank account. If I were to be sued by both people, how much time do I have to work for enough money to pay them? And if I can’t pay them on time, would I go to jail?


  58. The guy/friend was doing some repairs on my bike , he took it out on highway to test it and had accident. I had full coverage . They paid out and I had to pay some but now almost 2 years later , they contacted my insurance wanting more money for bodily injury , medical bills and they contacted an attorney. I’m on complete disability and have no money or assets . I got rid of bike. I’m scared and don’t know what to do.


  59. I recently was in a car accident. I side swiped a car that was parked on the street and over corrected which flipped my vehicle. I had just left a bar for a friends birthday and was arrested for DWI. My case is still pending as I have not been convicted yet and a whole completely different issue. My insurance company quickly got the lady who’s truck I hit a rental vehicle and had her truck fixed in a about a week or two. She is refusing to settle with my insurance company and it is very possible she is going to try to sue me. But if her vehicle has been fixed and my insurance company took care of it fast what is it she can sue for? No one was in the vehicle at the time of the accident. I’m just confused on what else there is.


  60. My brother was in an accident which he was at fault. One of the passengers thats was in his car with him is filing a lawsuit against my brothers insurance company. How would that affect my brother


  61. I am hoping for some advice I was in a car accident this past Thursday at a controlled intersection I was traveling from the south bound side making a left hand turn the north bound lights were turning flashing yellow and straight lane green lights. There were no cars in the straight lane on the south bound and 3 cars in the left turning lane starting to move. I was the only car on my side so I went ahead and went. about half way into the turn a car from the west bound lane coming straight across slammed into my driver door. the west bound side also had a few cars in the turning lane but they were at a stop. I didn’t see there traffic light due to where my car was but I could see mine and it was flashing yellow with green straight lights. Now the question is since the north bound traffic light was flashing yellow (turn) and straight lanes green.Should the east bound straight lights been green also and have flashing yellow lights? There was no camera and I have been on the phone with my city more than 1 time and noone will give me a straight answer about how the straight lane lights work cause to me it would seen either the north and south straight lights are green at the same time or the west and east bound not a mixed pair of lights. I am going to open an request for the timers on the traffic control lights as soon as I get someone on the phone or if I have to go down there in person. Now as far as the officer goes I am at fault but the insurance company hasnt determined who is at fault yet. The other party did get a laywer so I need to know what do I do next? every lawyer ive called said they dont take that type of case so im feeling extremely lost. I was the only one in the car and the other driver was to we both went to the hosptial and were only 6 rooms apart. she was discharged less than 2 hours later and I was there almost 10 hours since im pregnant. help


  62. Hi how are you I’m in need to advice this is the first time this happens to me . I got in a car accident it was at a stop sign . It was raining we were all waiting on the stop sign to cross . The car in front of me move a little so I move a little too . I hit the car it was a zero speed . The was no damage to the car he called the police the police were no going to do a police report because there was no damage to the car . But the guy insisted he wanted one so they gave him one on the police report it states that there was no damage but now the person is suing me i got pictures and witnesses that saw the incident I don’t know what to do please I need help. Also none of us got a ticket


  63. I was in a car accident at fault I didn’t stop in time wen the guy turned right into a shopping center and I hit him I had time to move to the side I scratched his car and bent his exhaust his total damage was 3,000 something my Insurance’s covered it and now I got a letter saying he wants a settlement of 37,600 dollars no police came because no one was hurt and we both had insurance. He was perfectly fine and now he says he has soft tissue problems on his back and neck. Why he is asking for so much wen the hit wasn’t so bad and he didn’t break bones or had any surgery. My friend got Into an accident and flew out of his motorcycle and got broken bones months of no work and only got 30,000 and this guy I hit didn’t even brake a bone or lost many days of work and his car the damage was so small it was only 3,000 to fix even my insurance said it was not a major fix. Please help what should I do fight it ? Or what I’m waiting to see what I need to pay out of pocket.


  64. Can an attorney representing a insurance company request that the DMV suspends license and registration for a both at fault accident?

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