Can an insurance company charge me for payment that was covered under their insurance?

UPDATED: Sep 30, 2022

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Can an insurance company charge me for payment that was covered under their insurance?

I was driving my daughter’s car and during a rain storm slid into the back of her RV that she was driving. We were all covered under her insurer. No charges were filed both items belonged to my daughter. My insurance now wants me to pay $12,000. Can they do this?

Asked on April 5, 2016 under Accident Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If you were at fault in causing the accident, the insurer can recover the money they paid out due to your fault from you, even if you were driving her car. The issue is fault: if you were not at fault, you would not have to pay. (Of course, even if you were not at fault, if they think you were, they could sue you and force you to defend yourself in court, and could win *if* they could convince the court you were at fault.) Fault in a case like this will depend on how you were driving; if you were --
DUI/DWI or on some medication which you should not be driving while on
Driving too fast for the rainy conditions
Driving distractedly (e.g. texting)
--or otherwise driving in a careless (negligent), reckless, or dangerous fashion, they could recover the money from you.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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