What should I do I was in an accident but was uninsured and now I’m being sued by the other driver’s insurer?
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What should I do I was in an accident but was uninsured and now I’m being sued by the other driver’s insurer?
No comprehensive insurance. Other party’s insurance company has filed a subrogation claim against me. I am an international student here on student loan with no regular income. And I don’t own any assets or have any money.
Asked on February 11, 2016 under Accident Law, Tennessee
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Your options are:
1) Defend the lawsuit--just because you've been sued doesn't mean you have to pay; you are only liable to pay for an accident if you were "at fault" (e.g. driving negligently or carelessly) in causing it.
2) Settle the lawsuit--negotiate with the other side to come to some payment amount and plan you both can live with. (A good thing to try if you believe you were at fault, and so would lose the lawsuit if you try to fight it.)
3) If you have little or no income and no assets, let them sue you and get a judgment against you--they can't get money from you if you don't have any. Of course, you need to remember that a judgment can be enforced for *years* to come, so if you get gainful employment, make money, inherit money, or otherwise come into money or assets in the future, they can look to collect from you then.
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