What to do if I was in a car accident and the other driver was at fault but I had no insurance at the time?

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What to do if I was in a car accident and the other driver was at fault but I had no insurance at the time?

Now the other driver’s insurance company is coming after me to pay for the damages to her car through a subrogation service. my question is in north carolina am i responsible to pay this even though I was not at fault. They are threating to have my license suspended if I don’t pay.

Asked on May 1, 2013 under Accident Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you were completely not at fault, you would not be liable; if partially at fault (so both drivers at fault), however, you could be liable for some or all the money. The key thing is, until there is a trial and a favorable determination for you, you don't know that you were not at fault: you may believe the other driver was at fault, but his/her insurer may believe you were at fault. If so, they have the right to sue you (if you choose to not pay them) and can try to prove in court that you were at fault. If they can prove that, you may have to pay.


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