What to do if I got into a car accident that wasn’t terribly major and both drivers have insurance but either agrees on whose fault it was?

The other person has already gotten legal counsel – since her lawyer sent me a letter asking for the owner of the car, and insurance information. Clearly, she’s getting ready to sue because why not try to make a buck from a completely frivolous situation. What should I do to prepare? Should I also be getting legal counsel? Is she going to sue me or my insurance company?

Asked on July 19, 2015 under Accident Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You would be sued, not your insurer--you always sue the driver you believe to have been at fault, not the insurance company (which did not cause or contribute to the accident). Your insurer should then step in to defend and indemnify you, at least up to your policy limits, if you are sued.

You should let your insurer know and confirm with them that they will defend you if you are sued; then, if you are sued, pass the information and court papers right on to your insurer. You pay your premiums so they will protect you, so do not hesitate to lean on them in this situation. 

Meanwhile, if you have had any costs or losses (e.g. car damage; medical bills) not paid by your own insurance, you could sue the other driver to recover compensation, if you believe she was at fault.


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