What to do if an insurance company is suing you for damages to a car in an accident for which they had to pay the insurance on and are now claiming against you to recover the money?

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What to do if an insurance company is suing you for damages to a car in an accident for which they had to pay the insurance on and are now claiming against you to recover the money?

However you’re basically broke so you don’t have money either to pay for the lawyer or pay the damages. What should be done?

Asked on November 12, 2015 under Accident Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If you don't feel you were at fault, you can defend the case, acting as your own attorney, presenting your own evidence and testimony as to why you were not at fault and trying to discredit or disprove any evidence or testimony that you were at fault; note that only an at-fault driver has to pay (i.e. someone driving negligently or carelessly). 
If you feel someone else was at fault, you can sue them.
If a court finds you were at fault and issues a judgment against you requiring you to pay, if you don't pay, the other side can garnish your wages, levy (take money out of) any bank account(s), execute on (seize and sell) valuable personal property, like vehicles, and put a lien on any real estate you own.


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