What to do if 6 months ago I was driving my brother-in-law’s car and had an accident and today I received a letter from an insurance company stating that I owe $6500 for damages?

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What to do if 6 months ago I was driving my brother-in-law’s car and had an accident and today I received a letter from an insurance company stating that I owe $6500 for damages?

I rear-ended a car, that then hit another car. They were really damaged but my car absorbed most of the hit. I went to court, and am now doing community service. None of the other driver filled out police reports, and didn’t exchange information. What options do I have? What can I do?

Asked on September 1, 2015 under Accident Law, California

Answers:

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

Answered 8 years ago | Contributor

Your brother-in-law is liable for the accident because he is the registered owner of the vehicle you were driving.  Liability includes property damage to the two other vehicles in the accident that were damaged in your rear-end collision and the personal injury claims of the occupants of those vehicles.  The personal injury claims will include compensation for the medical bills, compensation for pain and suffering, which is an amount in addition to the medical bills and compensation for wage loss.
The letter you received from the insurance company should be sent to your brother-in-law's auto insurance carrier which will handle the claim unless it denies liability and claims you were an unauthorized driver.
If your brother-in-law's auto insurance carrier denies liability and you are sued, it would be advisable to file bankruptcy if you are unable to pay the claim.  Don't file bankruptcy until you know the amount of all claims against you resulting from the accident.  If you are eligible to file Chapter 7 bankruptcy, which is straight liquidation, these debts can be eliminated.
 


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