What to do about a subrogation claim being made against me?

I was involved in a car accident 5 months ago. Now I’m being sued by the other driver’s insurance company. I was the one hit while I was turning right onto the Interstate Highway. I was determined to be at fault and did receive a ticket. The ticket quoted that I had failed to yield for the driver but I did make a complete stop. At that time, my insurance had temporarily lapsed a month before my accident leaving me uninsured at the time of the accident. The reason it had lapsed was because my mom was issued a new debit card from our bank and the numbers on it changed. My mom didn’t update it with our insurance company, therefore the insurance company cancelled our

insurance. I received a letter in the mail that the other drivers insurance company wants to sue for $11,700. No attorney has evaluated the claim yet and I could dispute the claim or agree to make payments.

Asked on May 30, 2017 under Accident Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You have essentially three choices: defend against the claim, by trying to prove in court that you were not at fault; pay what they are demanding; or try to settle the case, by seeing if you and they can come to some payment arrangement (e.g. for less money, or for payment over time) both sides can live with.
If the police determined you to be at fault, while that is not a binding legal determination or holding--it is only the police's opinion--it is strong evidence against you; the police are treated as neutral, reliable, knowledgeable witnesses. If the police consider you to be at fault, assume that if you fight the case, there is a better than even--possibly significantly better than even--chance that you will lose; and if you lose, you will have to pay the full amount, immediately. 
Therefore, it may be in your interest to try to settle the case on terms that you can afford.


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