Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Jul 20, 2011

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Insurance Question from Eutaw, NC

Asked on 07/20/2011

I hit someone and offered my insurance info, but they wouldn’t take it because they don’t have insurance. Now they want me to pay cash. The person I hit wouldn't take my insurance information because they don't have insurance, now they are wanting me to pay cash for their repairs. Can they take legal action against me if I chose not to pay.

Answer given on July 26, 2011

If you caused the accident, then you are responsible for the damages to the other person’s car. However, you are not required to pay them cash for their damages. You should tell them you are going to report the claim to your insurance company and that the company will take care of their damages. While this may end up costing you money on your policy, since it will be an at fault accident on your record, this protects you from future claims.If you pay cash to the other party they can still come back and claim they were injured in the accident. Once you have gotten in the middle of the claim, your insurance company is not required to defend you, nor pay for additional claims. The other party may just want to get some money from you. If you tell them you are reporting the claim to your insurance company they may decide not to pursue the claim. In any event, go ahead and tell your insurance company about the incident and tell them you don’t know if the other party is going to file a claim or not. This protects you from the other party, and meets the requirements of the insurance company to report claims promptly.


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