What to do if I am being wrongfully sued and don’t have car insurance?

UPDATED: Nov 26, 2013

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What to do if I am being wrongfully sued and don’t have car insurance?

I was driving, not aware that my car insurance had lapsed 4 days earlier when this “accident” occurred. My car was changing lanes and the driver sped up and our car grazed each other, leaving my car with a scratch above the front right tire and her car nothing. There was a passenger in her backseat after we pulled over, and examined both vehicles. We exchanged information, everyone in both vehicles was fine, no damages, a scratch to my car is not that bad. I let my insurance company know the update. Then they contacted me 3 months later saying since my insurance lapsed for four days they are not representing me. Now, a year later I got papers from my sister stating that I am being sued for 15k.

Asked on November 26, 2013 under Accident Law, Maryland


Anne Brady / Law Office of Anne Brady

Answered 9 years ago | Contributor

First of all, even if your insurance "lapsed" for four days, if the insurance company accepted the next three payments, they will not be able to skank out of paying.  Why would there even be an issue of them "representing" you if there was no lawsuit?  What does your sister have to do with this?  There is no such thing as being "wrongfully sued."  Perhaps someone in the other car was injured and did not realize it until later.  Tender the claim to your insurance, and if they will not pay to defend it, hire a bad faith insurance attorney.

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