Does this mean if I don’t pay they will sue me?

UPDATED: Sep 30, 2022

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Does this mean if I don’t pay they will sue me?

I was in a car accident in 2014 and, the other person’s insurance had to use their uninsured/under insured motorists coverage because my insurance could not cover the total damages. Currently the other insurance company is requesting I pay for what can not be covered by my insurance. A debt collector/lawyer contacted me to set up a payment plan for the extra money. However, my insurance company has told me that the other insurance company has not accepted their offer of the maximum amount of my policy. Since they have not accepted anything does that mean they’ll only accept if I pay the extra money? Or does that mean they will sue me to get the extra. I have not be received anything that says they will sue me. The other insurer has only contacted me about setting up a payment plan.

Asked on August 28, 2016 under Accident Law, Maryland


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If the other insurer paid out, for example, $20k, but your insurance is only up to $15k, the other insurer does not have to accept your insurer's offer to settle for $15k; rather, they can sue you for the full amount of money you owe (in which case, your insurer will probably end up, in the course of the lawsuit, paying $15k, and you will have to pay the remaining $5k).

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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