Legal Question in Insurance Law in California

Can the insurance company come after me?

I was in an accident, at fault, and had no insurance at the time. The officers that showed up marked our exchange of info cards to the ins companies as at fault party not determined, and report was not made.

I am going to have the guy I hit go through his insurance. They will probably use the uninsured coverage and his deductible. In California, with the above circumstances, can they take me to court and try to get me to pay?


Asked on 7/09/06, 12:12 am

3 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: Can the insurance company come after me?

Yes. The police officer's (non)opinion of who was at fault is not binding. If your case goes to trial the jury will make its own assessment from the evidence available. Your lack of insurance also doesn't prevent the other insurer from suing you; if it did, drivers would have a perverse incentive to drive without insurance.

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Answered on 7/10/06, 7:10 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: Can the insurance company come after me?

Yes. More than likely the other driver's insurance company will pay its insured, and then seek payment from you through a subrogation lawsuit. The statutes of limitation are different for subrogation lawsuits than for straight personal injury claims. It might be wise to have an attorney represent you if you receive a subrogation letter from the insurance company, to try to negotiate a settlement.

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Answered on 7/10/06, 8:40 pm
Jonathan Stein Law Offices of Jonathan G. Stein

Re: Can the insurance company come after me?

Yes, they will sue you. They have entire departments set up to collect money back. Before they file a lawsuit, they may send this to a collection agency. Collection agencies can be very aggresive in trying to collect money from you. I have written about dealing with the collection agency, in length, at my blog, www.calpiblog.com You should read some of that to make sure you are prepared when the nasty phone calls and letters start coming.

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Answered on 7/10/06, 10:44 pm


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