Can an insurance company charge me for payment that was covered under their insurance?

I was driving my daughter’s car and during a rain storm slid into the back of her RV that she was driving. We were all covered under her insurer. No charges were filed both items belonged to my daughter. My insurance now wants me to pay $12,000. Can they do this?

Asked on April 5, 2016 under Accident Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If you were at fault in causing the accident, the insurer can recover the money they paid out due to your fault from you, even if you were driving her car. The issue is fault: if you were not at fault, you would not have to pay. (Of course, even if you were not at fault, if they think you were, they could sue you and force you to defend yourself in court, and could win *if* they could convince the court you were at fault.) Fault in a case like this will depend on how you were driving; if you were --
DUI/DWI or on some medication which you should not be driving while on
Driving too fast for the rainy conditions
Driving distractedly (e.g. texting)
--or otherwise driving in a careless (negligent), reckless, or dangerous fashion, they could recover the money from you.


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