Can they force me to pay the insurance company since I don’t have insurance but there was no police report filled?

UPDATED: Sep 30, 2022

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Can they force me to pay the insurance company since I don’t have insurance but there was no police report filled?

I was in a accident nothing big but at the time of the accident I wasn’t aware that I was no longer covered by my insurance, we exchanged numbers and left the scene. He never reached out to me or anything a month later I get a letter in the mail from his insurance stating that if I don’t pay the full amount of $1,239 they will send it to collection or prosed will legal action. What should I do?

Asked on December 2, 2016 under Accident Law, Texas


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

Answered 5 years ago | Contributor

Since you were at fault in the accident and did not have insurance, you are personally liable.
Under the circumstances, it would be advisable to pay the claim or try to negotiate a lesser amount.  If that is not possible, try to negotiate a payment plan.
If the opposing party files a lawsuit against you and obtains a court judgment, that judgment can be enforced with a wage garnishment.
Although I would NOT recommend filing bankruptcy because the amount of damages claimed by the opposing party is relatively small; however, if you are unable to pay it or otherwise resolve the matter as discussed above, you might want to consider Chapter 7 bankruptcy.  Chapter 7 is straight liquidation which will eliminate that debt.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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