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

Answers:

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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.