What to do if I got in an accident in a parking lot and was not at-fault but wasn’t insured?

The other driver’s insurance company is advising me that I have to pay for her damages.

Asked on June 16, 2014 under Accident Law, Missouri


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You do not have to take the other driver's insurer at its word: it is not a court, and their opinion has no legal effect. You can refuse to pay and force them to sue you if they want the money; if you were not at fault and can prove you were not at fault, you would seem to have a strong defense to liability, since liabilty in cases like  this is based on fault (such as driving carelessly or negligently). You could even sue the other driver for your own costs or losses, if you believe he or she was at fault.

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