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

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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

Answers:

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

Answered 4 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.
 


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