Am I responsible for damage to a vehicle even though I am not at fault for an accident?

UPDATED: Oct 21, 2014

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Am I responsible for damage to a vehicle even though I am not at fault for an accident?

I was in involved in an auto accident 4 months ago. I was driving my mother’s car. Neither of us had insurance at the time (we both do now). I was not at fault. A car hit the car behind me and he hit me. A police officer witnessed the whole thing. I was cited at the scene for not having insurance, which I am paying on right now. The person who caused the accident didn’t have insurance, but the person who hit me did. Now, his insurance company is telling me that I have to pay for his damages even though he hit me. They are threatening me and telling me that if I don’t pay, my license will be suspended.

Asked on October 21, 2014 under Accident Law, Washington


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

They can not simply suspend you license when there has been adjudication that you were at fault and no judgment against you which you have failed to pay. If they want money from you, they would have to sue you in court and prove in court that you were at fault--and based on what you write, you would not be found to be at fault, since you were hit from behind by another car. They may be demanding money from you, but that, without more, does not mean you have to pay.

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