What to do if I was involved in a car accident almost 2 years ago and am now being sued by the other driver’s insurance company?

Even though the other driver actually hit me, I was determined to be at-fault by her company. The police were not able to establish fault nor was I ticketed. Unfortunately, my insurance had temporarily lapsed leaving me uninsured at the time of the accident although it did not appear that way since my insurance cards were still current. They want $3,000 though it is clearly the other drivers fault. Do I have any other recourse besides accepting a judgment?

Asked on November 18, 2013 under Accident Law, Massachusetts


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You can defend against the suit: you do not need to take the other company's self-serving determination as legally binding--the other company, after all, is not a court. Of course, hiring an attorney could easily cost you as much as you hope to avoid paying, so it probably makes sense to defend the action pro se (acting as your own attorney); at some point, to avoid the cost and uncertainty of trial, there is a good chance the other insurer will agree to settle the case for less than $3,000.

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