What happens if my son does not pay to fix a car because they are claiming high damages regarding an accident that he caused?

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What happens if my son does not pay to fix a car because they are claiming high damages regarding an accident that he caused?

My 18 year old backed into a car while in line at a fast food place. We had no insurance at the time and the owners of the other car are saying the damages are over $2000. I don’t believe this is the case, however I know my son is responsible for the damages.

Asked on May 16, 2012 under Accident Law, Texas

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Since your son is eighteen and was uninsured, he could be sued for negligence for the property damage to the other vehicle.

If the other driver had uninsured motorist coverage, the other driver will file an uninsured motorist claim through his or her auto insurance carrier instead of suing your son.  However, the auto insurance company will then sue your son to recover what it expended on the uninsured motorist claim.

If the other driver does not have uninsured motorist coverage, the other driver will sue your son for negligence for the property damage to the car.  If your son does not pay the court judgment, he could be subject to a wage garnishment to enforce the judgment.


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