What actions do I take if I was in a accident and they’re saying I need to pay for damages but I have no insurance?
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What actions do I take if I was in a accident and they’re saying I need to pay for damages but I have no insurance?
So I was in an accident where the driver came out of nowhere and hit
me. He was driving a company car so they were insured. The thing is I
am not insured but I lied and said I was. They are trying to make me
pay for damages even though it wasn’t my fault. They are saying that
because he was in the lane before me and even though I looked in my
mirrors before jumping over and turning. It’s my fault. What should I
do?
Asked on March 9, 2017 under Accident Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
You don't have to pay unless you are sued and they win in court: only being sued and having a court order or judgment issued against you compels you to pay. So you can refuse to pay and see if they sue you; if they don't, you are fine.
Even if they do, that does not necessarily mean you will have to pay: to win the case and get a judgment in their favor, they will have to prove by a "preponderance of the evidence," or that it is "more likely than not," that you were at fault in causing the accident--that is, that you were driving carelessly or negligently and that's why the accident occured. They can present any testimony (e.g. from their driver) or evidence (e.g. a police or accident report) that they think shows you were at fault; you can, in court, try to refute their evidence/testimony and present their own; only if they convince the court that you were at fault would you have to pay.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
You don't have to pay unless you are sued and they win in court: only being sued and having a court order or judgment issued against you compels you to pay. So you can refuse to pay and see if they sue you; if they don't, you are fine.
Even if they do, that does not necessarily mean you will have to pay: to win the case and get a judgment in their favor, they will have to prove by a "preponderance of the evidence," or that it is "more likely than not," that you were at fault in causing the accident--that is, that you were driving carelessly or negligently and that's why the accident occured. They can present any testimony (e.g. from their driver) or evidence (e.g. a police or accident report) that they think shows you were at fault; you can, in court, try to refute their evidence/testimony and present their own; only if they convince the court that you were at fault would you have to pay.
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