Insurance company wants to sue me.
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Insurance company wants to sue me.
I was unfortunate enough to get into a car accident when I didn’t have car
insurance. I rear ended a car he suddenly braked and his car hit another car.
The car that I hit had no insurance either so we decided to fix our own cars. The
third car involved does have insurance and now her insurance company wants their
2,000 and is threatening to sue me. They suggested to write a letter of hardship
since I can’t pay them I work part time and go to school full time what should
I do?
Asked on December 5, 2017 under Accident Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
If you were at fault in an accident, as you were based on what you write, you are liable for all costs or damages you cause. If an insurer paid out to its own insured due to an accident you caused, the insurer can then sue you to get its money back (this is called "subrogation"). Showing them that you cannot pay and they are wasting their time (i.e. the hardship letter) is probably a good thing to try; if they believe you, they may either let the matter go, since there is no point in them spending more to sue you than they'd get back, or at least be willing to settle for a lesser amount and/or payment terms you can afford.
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