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-   -   Auto accident liability (https://www.askmehelpdesk.com/showthread.php?t=18843)

  • Jan 26, 2006, 10:37 AM
    msubaseball1
    Auto accident liability
    Recently my wife was involved in an auto accident. It was her fault (she hit a parked car). We live in a no fault state, and the person who's car she hit wants us to pay for the damages. While we have full coverage insurance, she only has personal liabilty insurance (the minimum that our state requires to be legal). And to be honest, she would not furnish her insurance information causing me to wonder if she has any insurance.

    What are we liable for? Is she able to sue us? And if so, for how much?
  • Jan 26, 2006, 10:45 AM
    Fr_Chuck
    Police
    Ok, it is obvious at this point and time that you did not call the police.

    NOTE,, call the police when there is an accident, get a police report for your protection.

    Next just give them the name and number of your insurance company, if they wish to file a claim they can do so with them. Yes they most likely don't have any insurance, maybe not even a drivers licence, heck maybe not even a legal citizen in the US.

    You should have coverage in your policy for someone with no insurance, let them file with them.
  • Jan 26, 2006, 11:14 AM
    msubaseball1
    We did file a police report. They of course thought we were crazy because it is pretty obvious who is at fault. They did not (to my surprise) issue a ticket.
  • Jan 27, 2006, 08:25 PM
    sideoutshu
    Well first of all, no-fault has absolutely nothing to do with a property damage claim. No-fault coverage involves payments for injuries sustained in an accident. If the parked car was occupied, that may be a different story. If it really was "your fault", your insurance company will talk to her insurance company and probably agree to pay about 90% of the damage. You will not be exposed to liability beyond your coverage, and you will not be involved (beyond giving a statement) with the insurance companies handling the claim.
  • Jan 31, 2006, 07:55 AM
    msubaseball1
    Thank you for the responses! But... Is she able to sue us even if she does not have insurance? She is threatening to sue us if we don't pay for the damages... I am not going to give this person money, because who says they will get the car fixed, and not use the money for something else? How much would I be liable for if she takes us to court?
  • Jan 31, 2006, 08:32 AM
    sideoutshu
    Quote:

    Originally Posted by msubaseball1
    Thank you for the responses! But.....Is she able to sue us even if she does not have insurance?? She is threatening to sue us if we don't pay for the damages.....I am not going to give this person money, because who says they will get the car fixed, and not use the money for something else? How much would I be liable for if she takes us to court?

    She doesn't have to sue you. If you made a police report, the code for your insurance company will be on the report. All she has to do is call your insurer and request payment. Your insurance company will do a brief investigation, find out that your wife was at fault, and pay the damages. However, your insurance company will use its own "lowball" appraiser and give her less than she is probably demanding from you. If you want to avoid having to deal with the headaches, just give her the information for your insurance company and let her deal with them.

    As far as what she does with the money... WHO CARES? You are liable to pay for the damages, if she wants to pocket the cash and drive around a broken car, it's no skin off your back.

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