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My wife was in a car accident. It was the other person's fault but we didn't have insurance. Will we have to pay their damages?
Anonymous5 views2 answers
My wife pulled out of a parking lot as a car was pulling in to the same parking lot. A car swerved around the vehicle turning into the parking lot and hit my wife by the back tail light on the driver's side. There were a lot of damages with both cars.The other person sent the police away so there wasn't a police report filed. Our insurance had just ran out and we hadn't reinstated it, resulting in us being uninsured. Their insurance company said that they won't pay for our car and they will believe their insured over us. They sent us a letter stating they will bill us if we are liable. We are moving to across the country because of my work and we don't have any money to pay for their damages if it's our fault. Will they file a lawsuit if we can't pay and will we have to come back to texas?
Unfortunately, a complex and poorly handled situation. Hindsight being just that, if unfortunately something like this happens ago report it to the police, take photographs (cellphone camera), get witness information and exchange insurance information (reason to call police). Presumably, your wife was concerned about the lack of insurance.
Their version will most assuredly be different than yours. For this reason fault cannot be determined. They can sue and you would need to appear to defend. If you didnot and a judgment was rendered they could try to collect. If you have any assets in Texas or ever plan on returning this would potentially be a problem.
Anyone can ask for anything. Proving a case is an entirely different story. You may want to consider speaking with a Texas attorney or waiting to see how events unfold. Good luck.
As Jeffery mentioned, this is a very complex situation. Ultimately, insurance coverage will not play a role in determining who is at fault. However, the other driver's insurance company likely knows you don't have coverage and will use that a scar tactic to keep you from making a claim for your repairs and going through with it. Depending on the amount of damage to your vehicle, it may not be worth pursuing.
With no police, no photos, and no independent witnesses, it may be hard to prove who is at fault. The fact your wife was hit from behind is a fact in your favor. Whatever you do, if you or your wife get served with papers, DO NOT IGNORE THEM. The last thing you want is a default judgment against you.
