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and my husband was in an accident.. His fault, he rear-ended her. We payed he deductible, and now her insurance company is trying to come after us for the damages. Can they do this? I thought that was why they paid for insurance. If I would have had insurance, they would have only paid her deductible. I also got a signed statement from the other vehicle owner accepting the money for the deductible and settlement.

2006-12-28 06:36:30 · 16 answers · asked by Mary B 2 in Cars & Transportation Insurance & Registration

16 answers

Your agreement with the other driver has no bearing on the insurance company. They can definitely come after you for the damages. If you had car insurance then the other driver's insurance company would be reimbursed by yours, and you would have had to pay your insurance company your deductible. The other driver shouldn't have to pay for anything, and one way or another you are liable for everything, either through your insurance company or personally.

2006-12-28 06:51:53 · answer #1 · answered by Anonymous · 1 0

You pay for insurance to assume liability for things that would otherwise be your fault. In this case, the accident was your (husbands) fault. If the other parties insurance co is paying damages to repair the car, they have a right to try to sue you... and they will win. Hopefully you are only being sued for vehicle damage and not injury (which can be $$$$)
If both of you had insurance at the time of the accident here is what would have happend:
The person who got rear ended (Mr A) would call his insurance co and they would fix the damage (minus deductible). Then Mr A's insurance co would go after your insurance go to recoup damages that you (or your insurance co) is responsible for. Since you had no insurance, Mr A's insurance company is going after you. The signed statement means nothing.
As for the deductible that you paid. You should not paid it but you will probably be responsible for paying it anyway. If the accident was 100% your husbands fault, (in rear end accidents it is usually 90-100% fault to the person doing the rear ending) you will be responsible for 90-100% of the damages.

2006-12-28 06:46:07 · answer #2 · answered by NY1Krr 4 · 0 0

I'd suggest that you settle that quickly. In most states you can lose your license until the damages are paid. I have a family friend who has been walking for over 15 years for exactly that reason. if you were an illegal alien ..I would tell ya not to worry..but your in real trouble..her insurance will pay under her uninsured protection but you will have to deal with the legal system ..unless your state doesn't required you to have insurance..call a lawyer..don't ask us..in yahoo land...get some real advice..good luck. Since it was your husbands fault then his Insurance company will be responsible for paying the damages. You should never pay someone elses deductable, If possible try to get your money back. But you said that you don't have insurance, so yes you will be responsible for paying for the damages, but not the deductable. Good luck.
You pay for insurance to assume liability for things that would otherwise be your fault. In this case, the accident was your (husbands) fault. If the other parties insurance co is paying damages to repair the car, they have a right to try to sue you... and they will win. Hopefully you are only being sued for vehicle damage and not injury (which can be $$$$)
If both of you had insurance at the time of the accident here is what would have happend:
The person who got rear ended (Mr A) would call his insurance co and they would fix the damage (minus deductible). Then Mr A's insurance co would go after your insurance go to recoup damages that you (or your insurance co) is responsible for. Since you had no insurance, Mr A's insurance company is going after you. The signed statement means nothing.

2006-12-28 06:50:01 · answer #3 · answered by DXL 1 · 0 2

Since it was your husbands fault then his Insurance company will be responsible for paying the damages. You should never pay someone elses deductable, If possible try to get your money back. But you said that you don't have insurance, so yes you will be responsible for paying for the damages, but not the deductable. Good luck.

2006-12-28 06:45:12 · answer #4 · answered by flick 1 · 0 0

By driving without insurance from an insurance company you were self-insuring. That means that all damages are going to come out of pocket. Since the accident was not the other persons fault why should her company pay for the damages. They are now going to want to be reimbursed for what they have paid out.

2006-12-28 08:32:42 · answer #5 · answered by blb 5 · 0 0

So let me get this straight- you think that the at fault party only owes the deductible to the not at fault party? You just think her insurance company should have to pay for something that wasnt her fault?

If you did the RIGHT thing and had insurance- your carrier would pay her carrier back for damages since it was your fault in the accident. Since you had the bright idea not to do that- your stuck paying them back.

Just b/c someone does the right thing and has insurance doesnt mean you get out free of charge. At fault parties always pay all the other parties damages.

2006-12-28 11:24:21 · answer #6 · answered by Anonymous · 0 0

Of course they can. If you had insurance, they might have paid the whole thing, but you didn't. Essentially you said "I don't care what the law says, I will pay the full amount if I have an accident." You did. Now pay the insurance company back. Why should I pay for your mistakes? Or anyone else with insurance?

2006-12-28 08:20:22 · answer #7 · answered by oklatom 7 · 0 0

The insurance company is well within its rights to come after you for the money. If you had insurance, they would have gone after your insurance company (and their lawyers would have settled the issue) but since you don't have that protection, they're coming after you. If the woman your husband hit filed a claim It's not her prerogative anymore to say anything is settled money-wise when the money is coming out of her insurer's pocket. She made it their problem by doing that. Now they're making it yours.

To be quite honest, you should never have paid her deductible without her guaranteeing that she wasn't going to file a claim to get her car fixed.

To avoid this trouble in the future...get insurance. Not to mention that driving without insurance is illegal in most, if not all, States that I can think of.

2006-12-28 06:47:02 · answer #8 · answered by Lake 2 · 2 0

Insurance is for the damages you cause in an accident. They can come after you since you're husband was the cause of the accident. You get to pay for ALL the damages and not just the detuctible.

Next, since you already paid the detuctible - all you have to pay is the remaining balance.

2006-12-28 21:35:55 · answer #9 · answered by PeppermintandPopcorn 3 · 0 0

I might suggest one to try this web page where onel can compare rates from the best companies: http://INSURE-HELP.COM/index.html?src=3YAmi5yrs9iD

RE :I had no car insurance.....?
and my husband was in an accident.. His fault, he rear-ended her. We payed he deductible, and now her insurance company is trying to come after us for the damages. Can they do this? I thought that was why they paid for insurance. If I would have had insurance, they would have only paid her deductible. I also got a signed statement from the other vehicle owner accepting the money for the deductible and settlement.
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2016-11-26 16:51:46 · answer #10 · answered by ? 6 · 0 0

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