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Can I be sued if I wasn't found at fault for a traffic collision?
In September I was in a traffic collision, going through an intersection someone came through perpendicularly and hit the front end of my vehicle totalling both our cars. The attending officers declared it was an accident due to environmental factors (it was a very sunny and foggy morning around dawn).
Last week I received a phone call from the other drivers insurance provider saying that between the two insurance companies, I was found to be at fault and my insurance will only cover $10,000 of the $14,600 in damage and they want me to pay the remainder. They offered to reduce it by half if I can pay in full or I could set up a payment plan, but told me that I was legally obligated to. Is that the case? I don't have the money, and currently I'm a student so I have no actual income.
If I'm unable to pay, can they sue me? If they do and I lose, what will happen if I still can't pay? Is it true that I am legally obligated by the insurance companies determination of who is at fault?
4 Answers
- lcr000Lv 78 years agoFavourite answer
generally the Police report can not be used as Evidence to establish fault, if your and the other drivers can prove you were at fault then you are
- 8 years ago
YOU do not even talk to the other driver's insurance. YOUR insurance company handles that. If you are underinsured, you will be sued for the remainder (plus legal costs well in excess of the damages).
PS: the police did NOT tell you that you were not at fault. They may have cited weather as a factor, but YOU are expected to drive according to the conditions. If you ran through an intersection because of fog or bright sunlight, it is YOUR fault. The insurance companies negotiated a sharing of fault. You do not have to agree but if you do not, your insurance has the right to refuse to cover you, and you will be responsible for paying for your own legal fees to fight it in court.
- tagboyLv 78 years ago
Talk to your insurance company. I was found to be at fault and my insurance will only cover $10,000 of the $14,600 in damage and they want me to pay the remainder. I think this is baloney. Sounds like they are trying to intimidate you.
They offered to reduce it by half if I can pay in full. You don't need to talk to them tell them to take you to court want to bet they don't. but told me that I was legally obligated to, They can tell you anything they want. You are paying for insurance so they should also join you in court. Like I said talk to your insurance company and not theirs.
what will happen if I still can't pay? Can't as the saying goes get blood out of a turnip. They're doing their job getting you all riled up.
what will happen if I still can't pay? Want to bet they don't have a case.
Insurance people are great at screwing over people. Do yourself a favor go to court and watch how the system works.
- ?Lv 68 years ago
Sure you can be sued. The police determination is not bonding in a civil lawsuit for damages. You need to contact your insurance carried immediately and put them on notice of the call. I question whether you were told the truth by the other insurance company. It sounds very strange to me. Moreover, even if the insurance companies agreed you were at fault (which is highly doubtful), that is not binding on you.
