If my insurer decides thata car accident is notmy fault and does not pay for the damage to the other car, can the other driver’s insurer sue me?

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If my insurer decides thata car accident is notmy fault and does not pay for the damage to the other car, can the other driver’s insurer sue me?

My son had a accident with another car in a parking lot. I took pictures and based on the parking lines on the lot it was obvious that the other driver was cutting across the parking lot and my son was in the traffic lane. I did not file it on my insurance but the other divers insurance tried to file on my insurance. I sent my insurance company all the pictures and accident report. Now the other guys insurance is calling my house trying to get my son to pay for damages. What do I need to do?

Asked on October 26, 2010 under Accident Law, Mississippi

Answers:

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

Answered 10 years ago | Contributor

By accident report, I assume you are referring to the police report.  The insurance carriers rely on the police report to determine liability.  There is no basis for a lawsuit against your son when the police report concludes that the other driver caused the accident.  The insurance companies should resolve the issue of liability between themselves. The other driver's insurance carrier should pay for the damage to your son's car. You should report the phone calls from the other driver's insurance carrier to your insurance carrier so that your insurance company can handle it.  If they call again, just tell them to contact your insurance carrier directly.

In the unlikely event that any lawsuit is filed by the other driver against your son ( or against you if your son is under 18 or against you regardless of your son's age if you are the registered owner of the vehicle), just refer the matter to your insurance company.  Your insurance company will handle the matter and will provide an attorney at no cost to you. 


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