What to do if you’re being sued by an insurance company after a car accident?

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What to do if you’re being sued by an insurance company after a car accident?

I was involved in a car accident a couple months ago. Now i’m being sued by
the other driver’s insurance company.
I was determined to be at fault and did receive a ticket. At that time, my
insurance had temporarily lapsed a month before my accident leaving me
uninsured at the time of the accident.
The reason it had lapsed was because my mom was issued a new debit card
from our bank, and the numbers on it changed. My mom didn’t update it with
our insurance company, therefore the insurance company cancelled our
insurance.
I received a letter in the mail that the other drivers insurance company wants
to sue for 11,700. I could dispute the claim or agree to make payments. No
attorney has evaluated the claim yet.

Asked on May 29, 2017 under Accident Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If your insurance did lapse and IF you were at  fault, then you will have to pay this amount if the other side's insurer can show that it paid out this amount: insurers have the right, called "subrogation," to recover from at-fault drivers the amounts they paid out to their insurered. You write that you were at fault; if that is the case and your insurance did lapse for lack of payment, then assuming the other insurer can back up or substantiate this amount, you will owe it. You may wish to try to settle with them for either less money or for a payment plan (e.g. payment over time) you can afford.


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