Told to pay for out pocket costs for the other driver

UPDATED: May 24, 2009

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Told to pay for out pocket costs for the other driver

I have gotten into an accident a few months ago, that was my fault. Out of bad judgement I gave my contact information to the other driver. She has called me and told me that I was responsible for the out of pocket costs she had incurred because my insurance company had told her they would not reimburse for a tire. She has threatened to sue me. I contacted my insurance company which said that they had agreed to reimburse her for a tire but she had purchased another tire they did not feel was damaged in the accident. Am I being scammed and what should I do?

Asked on May 24, 2009 under Insurance Law, California


B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

It wasn't bad judgment to give your contact information to the other driver, it was probably something you were required to do by law.  I'm not a California lawyer, but this is the law in most states.

If your insurance company handled her claim, then it is up to the insurance company to defend you if she sues you.

She might be scamming you, or she might be wrong about her rights, or your insurance company might not have done everything that it should have.  For your purposes, it doesn't matter, you should just leave it up to your insurance company, and notifiy them right away with a copy of the papers if she sues you.  If your insurance company won't defend the lawsuit, get your own lawyer.  One place to find an attorney, if it comes to that, is our website,

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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