Can the insurance company legally come after you for this accident for which you were not at fault?

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Can the insurance company legally come after you for this accident for which you were not at fault?

My boyfriend was almost completely backed out of a parking space when an impatient driver tried to go around him in the parking lot. The man hit my boyfriend’s car, however instead of stopping, he continued to drive and parked 8 spaces further down the lot. He sustained significant damages to his vehicle but my boyfriend’s car did not. The other party insisted the cops need not be called and then fled the scene. We were uninsured at the time of the accident. Now the other party’s insurer is coming after me for reimbursement, threatening to garnish my wages. Is this legal? What should I do?

Asked on April 17, 2012 under Accident Law, Virginia

Answers:

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

Answered 9 years ago | Contributor

Since the other driver was at fault, you are not liable for the accident and should not be subject to a wage garnishment from the other driver's insurance carrier.

The problem you will have is proving the other driver was at fault.  You might want to contact the police to have the other driver charged with hit and run since he fled.  You may incur penalties for not having insurance.  If there was video surveillance of the parking lot where this occurred, that would provide evidence that the other driver was at fault.  If there were any witnesses, they could also provide statements of what occurred establishing that the other driver was at fault.  It is also possible that the damaged area of the other party's car could establish that he was at fault in the accident.

If the situation is not resolved with the insurance company, you can sue the other driver for negligence.


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