What can happen if I was involved in an auto accident and backed into someone else’s car and I did not have insurance?

He let me do a payment plan with him to pay for all of the damage, which was $2100. Although he went through his insurance getting hit by an uninsured motorist but wants me to pay the full $2100. I don’t know what his deductible was. Police were not called to the scene and there was no police report filed as of this date, almost 5 weeks ago. I also made 2 payments of $250 to him for a total of $500. I became hospitalized and had no contact with him due to my condition. He sent me a text yesterday saying that his insurance company was threatening to have the police get involved and force me to pay the rest ($1600) directly to him.

Asked on September 25, 2014 under Accident Law, Washington

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If you damaged another's car negligently (carelessly), as you seem to have, then you are liable (responsible) for all the costs of their repairs. If you do not pay voluntarily, they can sue you for the money, or if their insurer already paid them, the insuer can sue you to recover what they paid out. (This is called subrogation.) If you believe that $2,100 is a more-or-less accurate and fair statement of the damage, you may be best off paying it; but if you do, get a release or settlement agreement from him stating that the payment settles all claims in full arising out of the accident and that if his insurer then comes after you for any amounts, that *he* will reimburse the insurer--that is, he doesn't get to be paid by the insurer, who then sues you, while also taking your money.


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