What happens if I’m threatened with a lawsuit sued for a car accidentin which I was at fault but no police report was made?

A couple weeks after the accident I received a call from the other party’s insurance company. I spoke with them. Not knowing I wasn’t suppose to without legal advise, I did state I was at fault. The conversation was recorded. Now the other party is stating that if I do not pay her deductible that I will be sued for $12,000. Can they do this to me?

Asked on July 27, 2010 under Accident Law, Texas

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you have insurance, it would be advisable to refer the matter to your insurance carrier and they will handle it.

If you don't have insurance, you could be sued for property damage and personal injury (if the other driver was injured).  You would be liable for the deductible.

If you didn't have insurance, the other driver could pursue an uninsured motorist claim through her insurance carrier.    If you don't have insurance and the other driver sues you and gets a judgment against you, you might want to consider filing bankruptcy to stop the enforcement of the judgment.  Until there is a judgment against you in this matter, it would be premature to file bankruptcy.  If a lawsuit is filed, depending on your state's procedures, it may be several months or possibly a year or longer before there is any potential judgment against you. Therefore, there is no need to worry about it for some time.

 


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